J Joy’s response to Affidavit of Barry Young

J Joy’s response to Affidavit of Barry Young
1: B young reiterates his assertion that the close quarters situation was not caused by Seaway turning to starboard. However the photos prove Seaway did turn progressively to starboard as he had agreed to the extent of 2.4 degrees.
2: B Young objects to “Mr Joy using his own figures & pictures as at the time of the incident neither Mr Pigneyguy nor Mr Bolton had access to these high quality photographs”
Mr Joy points out “that the 3 photos referred to in all our evidence are those taken by Mr Pigneyguy & clearly no one had those photos except Mr Pigneyguy until they were subsequently presented by him to MNZ with his report. The only photos used in my report that I took myself show the position of the beacon which was denied by Mr Young & those showing the view of Seaway from the shore at its base, its hulls etc & the copy of the AIS records of ferry tracks”
3: B Young states “the vessels were in a crossing situation”
Mr Joy – “No party disagrees there was a crossing situation”
(A crossing without risk of collision until risk was created by Seaway’s incremental turning towards Classique )
4: B Young says that the photos “Provide a means of quantifying the change in bearing of Classique as seen by Seaway”
Mr Joy – “Correct but misleading in the manner it has been used by Mr Young, as the relative angle on the bow changes according to Seaway’s actions in turning to starboard. A table shows the scenario if Seaway did maintain a course of heading towards Sentinal Building, which was its practice – not steering by compass. Seaway was incrementally turning to starboard as proven by the 3 photos, this turning changed the relative angles to being relatively constant at photos 1 & 2. When Mr Young says ‘The amount Seaway changed course to starboard during the incident to be determined’ indicates that Mr Young agrees that Seaway turned progressively to starboard ”
5: Mr Young states that “ the change of course of Seaway to starboard is such a small change that it would have been difficult to detect onboard Seaway & even more difficult to detect from Classique”
Mr Joy – “This is a misleading statement. Mr Pigneyguy stated he steered by eye & used land targets, so had precise targets & could see in real life as easily as can be seen in the photos he took. In addition, the incremental changes in course were detected from Classique & caused some puzzlement to Mr Bolton as to what Seaway was doing. This effect is exactly why incremental changes in course are dangerous.”(Rule 22.8 – actions must be large enough to be readily apparent to the other vessel. Avoid small alterations.)
6: Mr Young makes some points regarding the measurement of the angle of course change; however he has not allowed for the fact that his ‘notch’ on Rangitoto slope is aprox 3 nmiles from Seaway & to starboard, whereas the Sentinal is 6.5 nmiles dead ahead. In addition he has placed lines from three different positions onto the 1 photo, which gives a misleading picture. The geometry therefore makes the angles change as Seaway moves along its path ie if Seaway maintains its course, the notch progressively goes further northwards on Seaway’s compass. Seaway would eventually have passed to the south of the notch but obviously long before this must turn on her path to the southwest to avoid going aground on Rangitoto Island. This therefore has the effect of reducing the apparent change of Seaway’s heading angle, by at least 1 degree during the 900 mtrs travelled between photos 1 & 3. Therefore using Mr Young’s figures, the course change to starboard by Seaway must be at least 3.4* & I reiterate also that purporting to be able to measure to 1/10th of a degree is misleading to the Court. Mr Young uses my 30* angle & says it “is not position sensitive” however a horizontal angle such as this is very sensitive & is used for position fixing.
(Rebuttal of Mr Young’s vacuous Affidavit continues …)

B Young’s markings on part of the original Photo 1 – taking the angle from Sky Tower to past Sentinal Building

J Joy’s markings on Photo 1

J Joy’s markings on Photo 2

JJoy’s markings on Photo 3

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