Half Truths Perpetrated by Crown Law & MNZ continue

Half Truths Perpetrated by Crown Law & MNZ continue …
In their Opening Address printed for Judge Davis, they purposely misconstrued the context of Bolton’s Interview Transcripts to suggest Bolton was talking about the incident with Seaway …
They printed as coming from the Transcripts “He accepted he was the giveway vessel & that he knew the ferry was obliged to maintain its course & speed but in effect he said he kept going because of his assumption that the ferry was heading to Auckland & based on his Rule of Thumb. Therefore he concluded he did not need to change his own course.”
Crown Law & MNZ are bound by their Code of Conduct to – “treat information with care and use it only for proper purposes” but regardless, they misquoted the context of what Bolton was discussing with Ian Howden who had put a hypothetical question to him about Collision Regulations – “If you’ve got a crossing situation where you’ve determined there is risk of collision & you’re observing the other vessel on your starboard side, what’s your obligation in that situation ?“
Bolton answered “I know I’m the giveway vessel & I know he is expected to maintain his course & speed”
Bolton continued – “Here we have this situation (referring to M Pigneguy’s Incident) which has developed so far back & I’ve been monitoring it all the time. I was actually working out my range of options – so here I was coming this way (pointing towards SW Motuihe) & he was coming this way (pointing to Browns Island) & there was no point in me turning to starboard with my expecting him to be coming around Browns Island because I would’ve just stood in his path & caused him to steer out of his course. There was no point in me turning to port because that was going to hold me in his path for longer… there’s no incident, just the expectation that I was going to here (anchorage at SW Motuihe) … I’ve got my Rule of Thumb (indicating) he’s still going to go astern of me & if there’s any need to increase the clearance, my best bet is to increase my speed.”
It was not true that Bolton at any time accepted he was the give-way vessel in the incident manufactured by M Pigneyguy. Page 9 of the Coastguard Handbook shown by the prosecution, pictured an orthodox right angle approach. That did not describe the approach of Seaway towards Classique which was at 25deg & without risk of collision whereby if both vessels kept their respective course & speed, each would have passed safely clear of each other – 463 mtrs in this case.

Misconstrue – to misinterpret erroneously
or intentionally as demonstrated by Crown Law & MNZ
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