B Young Misleads the Court with his degrees of turning.
During the trial Mr Young refused to allow anything other than the degrees of turning he could determine from the Photos 1,2 & 3 provided by M Pigneyguy. It was devious, unprofessional & misleading to the Court that Mr Young repeated several times that he “didn’t feel comfortable making assumptions on things which don’t show up on the photographs” His statements are without foundation as Mr Pigneyguy also provided a chart with his course from Waiheke, pin pointed the turning point at Sth Motuihe & drew the beginning of his purported course of 286*True towards North Shore – but not seen reaching the Shore. Where this does go to is easy for a navigator to determine & well within the capability of B Young – There are 2 ways –
1: M Pigneyguy’s turning point is marked on an Auckland chart & from there either a plotter or the compass rose is used to draw a line to the North Shore
2: In a boat with a compass or GPS, start from the turning point at Sth Motuihe & follow the course of 286*True given by M Pigneyguy – you will land at the cliffs just ahead of Classique’s position in Photo 1.
These are not assumptions but a valid & normal exercise to draw in a course of 286* True on a chart.
The diagram with the view of Photo 1’s North Shore features prepared by Mr Bolton after using both those 2 methods shows where the course of 286*True arrives at the cliffs ahead of Classique in Photo 1.
The position slightly North of the Sentinal building where the ferry is seen to heading in Photo 1 is on a course of 292* True.
The ferry is found to be on 297* True in Photo 3.
Mr Bolton determined that the ferry had turned from 260* True before Sth Motuihe then followed an elliptical course through 286* & continued turning to 292* T at the taking of Photo 1, 295* T at Photo 2 & 297* T at Photo 3.
There is no professional reason for Mr Young to deny that the ferry was already above 286* at Photo 1 & M Pigneyguy provided no evidence that he was on 286* – as these plottings show, there is every confirmation that the ferry had turned above 286* T before taking Photo 1 & that is rightly included in the calculations giving 11degrees turning above the ferry’s stated course of 286* T to 297 * True.
When the ferry turned at Sth Motuihe it had identified Classique coming out from Browns Island, heading across to the West coast of Motuihe – Lord Merriman & Farwell both state that the ferry was not entitled to change the nature of its approach & invoke the crossing rule when she herself creates the situation by her own negligent action.
If Seaway had remained on its purported course of 286* T,
Classique would have been well across to Seaway’s starboard side even before Photo 2 was taken as each vessel maintained its respective course & speed.