Covering Bolton’s 1st Submission before Judge Wylie

Covering Bolton’s Submissions before Judge Wylie …
1st Submission : “That the risk of collision was created by Seaway changing course – turning towards Classique & if it had not so changed its course, no risk of collision would have occurred.”
The learned Judge Davis failed to appreciate the significance of the evidence provided by Bolton’s plotting, M Pigneguy’s photographs & B Young’s calculations that established Seaway changed its course, thereby, inadvertently or not, created risk of collision. Judge Davis failed to recognize the significance of Seaway’s incremental turning to starboard in this situation.
(a) The 3 photos supplied by M Pigneguy clearly show the ferry’s incremental turning towards Classique
(b) B Young calculated the turning to be 2.4 deg within the distance covered by the 3 photos without taking into account the turning which had taken place prior to Photo 1 (26 deg from the ferry’s 1st course of 260* & a further 6* from that 2nd course from Sth Motuihe said to be 286*)
(c) A vessel that turns deliberately to place herself in the position of a stand-on vessel in a crossing situation violates collision regulations – “The approach cannot be unilaterally converted by one vessel into another classification”
The determination by Judge Wylie on this submission was covered more completely in a previous post “Judge Wylie on Appeal accepts the Decision of Judge Davis”
A quick review of it is that Judge Wylie did not accept Bolton’s assertion as he said it was contrary to the available evidence but Judge Wylie simply reiterates the evidence of the prosecution given by M Pigneguy, B Young & P Sweetman. He doesn’t refer to any of the evidence given by Bolton which is not only contrary to that of the prosecution but points out the errors in the prosecution’s evidence which mislead Judge Davis. It seems ridiculous that Judge Wylie ignores Bolton’s points on Appeal & while exhibiting no more nautical knowledge than Judge Davis he makes comparable mistakes in coming to his decisions on matters outside his competence – intent on upholding Judge Davis’s wrongful decision regardless of Public Interest or the Interest of Justice – he too is deciding that Black is White.
It is extraordinary for these Auckland civil-law Courts to be involved in Maritime matters requiring interpretation of Collision Regulations when the Transport Accident Investigation Commission Act 1990 set up the TAIC whose principle purpose is to hold inquiries into a marine, rail or air accident or incident when it believes lessons or recommendations to help improve transport safety might result. Bolton has been deprived of the appropriate forum & the Boating community has been misinformed as to navigation in areas where ferries have Regular Runs.

For Judge Wylie to deny that Seaway turned is contrary to what the 3 Photos show & B Young admits to.

M Pigneguy said he was on 286* but the photos show where he was actually
heading in Photos 1, 2 & 3 due to his incremental turning, inadvertent or not.

An overall Diagram showing the straight course M Pigneguy said he was taking & how his
ellipitical course reduced the clearance Seaway would’ve had from Classique at point of incident

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