On large A4 pages marked with latitudes & longitudes, Bolton showed plottings of Classique’s course & the ferry’s course from the start with a turning towards Classique.
Judge Davis – “Mr Bolton, I just want to understand how you plotted that course. It was agreed this morning, wasn’t it, that this was really a guesstimate taken after you – I don’t think the word
‘guesstimate’ was used. It was taken or plotted after this incident without any reference points as to how that course could actually be properly charted ?”
Bolton – “I took it all from the evidence of the photos ”
Judge Davis – “Yes, but when we discussed it with Mr Young, he completely rejected your science, didn’t he?”
Bolton“Unfortunately, I can’t account for Mr Young’s attitude or knowledge of this subject but in my experience this is …”
Judge Davis – “I just want to make sure i understand it. You’re saying that I should believe your science & completely reject Mr Young’s science ?”
Bolton – “I would say you would be better off”
Judge Davis – “All right. I just wanted to understand the scope of your argument”
Bolton – “I thought that he was to be an independant witness & would be helpful but unfortunately I wasted my time. This is very clear evidence of something very precise & should be extremely useful – it could hardly be done better. There’s every skill in this & I’m surprised that other people haven’t done it for themselves – I used nothing other than the photos & the chart I was presented with then laid it onto the appropriate latitudes & longitudes. It’s very simple for anyone else to go out there & do it. It was done over a period of weeks with much precision & I was intrigued to have this end result which I think you’ll appreciate”
Judge Davis – “All right, I understand the breadth of your argument thank you. You have 3 more minutes Mr Bolton”
Bolton – ” I think it’s important to realise that the regular run comes into customary practise, something that we have to calculate. If Mr Young or anyone is going down the harbour, he’s going to see what the Devonport ferry’s doing. He’s not going to look at rule books, he’s just going to keep out of the way of the ferry, exactly the same as I was, out from Browns Island keeping out of the way of the the ferry on what I expected to be its normal run. If the ferry was deviating from his normal run, at the point where he has concern, he would sound his 5 blasts on a complying horn. Being a commercial operation, that ferry operator needs to be looking at his equipment which is surveyed & passed by Maritime NZ or 1 of their companies … This incident is something which developed over 3 nmiles, very little traffic around. He was expected to do his thing & we never had to get close to each other. If he changed his mind on his regular run, there was still clearance for him to go through or sound the warning signal to let me know at the appropriate time – he can’t be taking photos instead of sounding his horn”
Judge Davis – “Thank you Mr Bolton …we’ll set the stopwatch on Mr Davies as well.”
(Crown prosecuting lawyer begins his cross-examination)
This is a compilation of 2 scans covering a major portion of a A4 page showing
in detail the straight course of Classique & the eliptical course of the ferry
beginning at Sth Motuihe as it turned from its 260*T course from Waiheke.
The location of each vessel is also shown at the positions of the taking of the 3 photos.