“Coming up” is defined by Bolton as turning towards me in small increments. The ferry says it’s a Stand-on vessel & is maintaining it’s course & speed, but it’s already come from 286* to 292* at the taking of the 1st photo.
Judge Davis – “Well, that’s your evidence isn’t it, Mr Young said that the ‘yawing’ was at 4.2 or 2.4 degrees according to his photo & what I understand Mr Young’s evidence to have been is that would well within the margin that one would consider ‘yawing”
Bolton – “Yawing is the up & down averaging out, not an incremental course change”
Judge Davis – “But my point is that Mr Young’s evidence, if I’ve understood it correctly, was quite unequivocal that in his view the change of course was only 2.4 degrees ?”
Bolton – “We have agreed that at the starting point of the course of 286* at the Sth Motuihe, the course of 286* comes to the point on the Nth Shore south of the conspicuous building ?”
Judge Davis – “I don’t know that was necessarily agreed. I think he was accepting there was a course of 286*, I don’t think he necessarily agreed that there was a point or that course necessarily began where you were saying the ferry 1st turned if you’re trying to identify a specific point in the harbour because Mr Young’s evidence was there were no plottings or anything like that available, in fact he specifically rejected your science, shall we say, as to where the ferry may have turned, as I understand it ?” (M Pigneyguy had given to the Court his chart with that precise turning point at Sth Motuihe but Judge Davis had been mislead by B Young to believe a starting point did not exist)
Bolton – “Well, taking the same point at Sth Motuihe, we know the course of 286* comes Sth of the conspicuous building. When you line up that point at Sth Motuihe to the conspicuous building that is 292*”
Judge Davis – “Yes but I don’t know that any of that was actually, when you say it was agreed, I don’t think it was agreed at all ?”
Bolton – “I didn’t hear any disagreement”
Judge Davis – “I think his entire evidence was disagreeing with your science, Mr Bolton ?”
Bolton – “Well just navigational straight-forwardness from one point to – ”
Judge Davis – “In fact as I understand Mr Young’s evidence he rejected just about every navigational measurement, plotting position, that you put to him other than the proposition that lining up 2 points on, or a point on the ferry & the conspicuous building on the Nth Shore, you were able to plot a straight line but other than that, that was about the only point I think he agreed with you on ?”
Bolton – “Well, it’s just a very simple navigational practice, there’s nothing to really argue about & I look forward to the half hour discussion with Mr Young”
Judge Davis – ” Thankyou, You have 6 minutes Mr Bolton”
When the positon given at Sth Motuihe is marked on a harbour chart, it is easy for a navigator to determine courses or bearings from that point to locations on the Nth Shore such as a conspicuous building or where courses of 286* & 292* will go to.
Judge Davis was mislead by B Young as to this being a normal, accurate navigational practice