Judge Davis read the evidence from the crew person thought by M Pigneyguy to be the helmsperson & what’s been agreed. “Because we are pressed for time, we are going to proceed on the basis that your Brief of evidence has been read into the record & will form part of the official record”
M Davies – “With the greatest respect, I’m not sure what can be added or whether this witness is qualified to”
Judge Davis – “Mr Bolton, I take you as being a man of considerable nautical experience, 50 years or something of that nature. I think I can decide whether I accept your science or Mr Young’s science, as the case may be & with all due respect to this witness, I’m not sure that 18 month’s experience will greatly enhance the decision that I have to make on that science … so we’ll move along thankyou … before we close your case, you are wanting two A4 charts that you have drawn to form part of the court record ? … & the two photos that you were referring to, 1 at 1000 mtrs & 1 at 80 mtrs ? … & I’ve got your submissions for the hearing”
Bolton – “You are welcome to this diagram of the Rule of Thumb, the Line of Sight across the other craft’s bow projected to the background”
Judge Davis – “I’ll record that the defence case is closed. That is the case for Maritime NZ. Now is the point in time where the parties get to address me on the law”
The Reserved Judgement of Judge G Davis was made 14 Dec 2010
1 : Bolton is charged that pursuant to s.65 of the Maritime Transport Act 1994 in that he operated a ship, the Classique in a manner which caused unnecessary danger or risk to any other person or property.
2 : He is also charged in the alternative with 2 further charges, namely that …
(a) he failed to observe Rule 22.15 of the Maritime Rules by failing to avoid a crossing situation and …
(b) he failed to observe Rule 22.16 of the Maritime Rules by failing to give way
Onus & standard of proof – the elements of the charge rests with the prosecution who must prove all elements of the charge beyond a reasonable doubt – if I’m sure of the guilt then it is my duty to find the defendant guilty.
There is no onus on the defendant to prove he is innocent. There is no requirement or expectation that a defendant should give evidence. In this case however the defendant has chosen to give evidence but that does not alter the fundamental proposition that the onus of proving the charge rests with the informant.
The Maritime Rules are covered in Part 22 Collision Prevention.
A comprehensive code of rules has been developed to govern situations where collisions may be apparent ..
These 2 photos were taken to verify the distance of Classique from the
ferry at Photo 1 & Photo 3 using the appropriate sizes for comparison.