“In the Interests of Justice” seems to be a plausibility

“In the Interests of Justice” seems to be a plausibility Judges are perhaps obliged to portray in their PC environment.
Their main preoccupation is in upholding the decisions they’ve made & having their decisions upheld even if they are revealed to be very wrong – their heads appear to be bogged in Legal sand.
As long as their Legalities been have followed it doesn’t seem to matter that they have decided Black is White.
In this case Judge Davis questioned Bolton “You’re saying that I should believe your science & completely reject Mr Young’s science ?” Bolton replied “ I would say you would be better off”
Judge Davis said several times he didn’t know anything about Nautical matters but chose to go with what was probably to him the safest bet & although Mr Joy’s Report has shown the error of that decision, as far as he’s concerned it’s legally correct & that’s all that matters in J Toogood’s Court too, regardless of Public Interest which has to do with Maritime Rule Interpretation.
Toogood was confronted with a commissioned Report from a colleague senior to B Young, highly critical for good reason of his evidence & the effect it had of misleading a Nautically unknowledgeable District Court Judge.
It is absolutely incredible that J Toogood calls it partisan & not cogent, then goes on to say “while Judge Davis was assisted by Mr Young’s evidence, his decision was based primarily on the conclusion that Classique was a vessel on the port side of Seaway, in a crossing situation & that the appellant was required to take action to keep out of Seaway’s way – this was a view reached with the assistance of the photographs taken at at the time of the incident” – This being a conclusion & view arrived at via B Young & M Pigneyguy that is found to be very wrong in Mr Joy’s Report & Bolton’s evidence.
It doesn’t seem as if either Judge realised that they were out of their areas of expertise & something confronted them that they were not competent to decide upon compared with TAIC.
If the facts of the situation were important & the Interest of Justice was to be served – it seems inappropriate to a Nautically inclined community that Justice is not being seen to be done.

Would these people believe it if they were told they had no clothes on ?
HeadinSand

Judges don’t flip coins – it seems they just have to decide which way suits them best as far as Legalities go.
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