Crown Law & MNZ were “to be professional and responsive”

Crown Law & MNZ were “to be professional and responsive” according to their Code of Conduct but they ignored that obligation in their Opening Address printed for the Court.
They stated that from the Interview Transcripts with MNZ that –
“Bolton said he did not hear the ferry whistle blasts & that despite his position inside the cabin at the relevant time, he maintained he was keeping watch throughout.”
This was a completely dishonest misconstruing of the transcripts which they presented to Judge Davis.
By the time of the interview, certainly during that discussion & subsequent to it, both Crown Law & MNZ had clear knowledge that …
(a) The ferry blasts were made on an inadequate non complying hand held aerosol which could not be heard according to Appendix 3 & certainly not at the appropriate distance off.
(b) The blasts could not made on the nonfunctional ferry’s whistle
(c) Crown Law & MNZ had photos of Classique’s wheelhouse taken by MNZ when they were onboard investigating the layout but despite their full knowledge they continued to refer to Classique’s wheelhouse as a cabin – purposely misleading to the Judge who would be unaware of the excellent visibility from that steering station enabling Bolton to have complete observation of Seaway from that area with helm & controls.
Next in their deceptive use of the Interview Transcripts, Bolton is said to have confirmed that the yacht has a radar system on board but it was not functioning at the time of the incident as he would prefer to use his rule of thumb.
(a)Yes, Bolton discussed with MNZ his use of the radar for ocean voyages & in harbour at night but it is not turned on during the day for local short trips. Any nautically competent navigator would know the limitation of radar as a means of determining risk of collision in the situation confronting Seaway & Classique. Seaway presumably would have a more comprehensive radar than Classique but she wasn’t using hers either, although in her case it might have drawn M Pigneguy’s attention to his steering off course – he wasn’t even checking his compass.
(b) Bolton’s use of what is referred to as a Rule of Thumb is by far the most accurate of all methods in the circumstances – exceeding that of a compass due to the amplification of the bearing as it’s extended past the other vessel to the background giving a reading at the proverbial rim of the wheel compared with one at the hub.
Farwell gives validation to the use of the human eye – modern technology will not make up for any shortcomings in that – Eyeballing is, with constant practice an effective & reliable skill – the ability to accurately judge distances by eye, inclinate on other vessels & mentally calculate the closest points of approach – they make a major contribution to safety & should not be neglected. It is based on a 100% concentration & ability to both look & SEE things & an intuitive use of the compass to assess bearing movement.
So much for Crown Law & MNZ’s knowledge of practical navigation & if they knew better they were raising a red herring in denigration of Bolton’s navigational competence.

Rule of Thumb –
A practical principle that comes from the wisdom of experience
images (33)

Line of Sight transferred to the backgound –
the straight line along which an observer looks equating a compass bearing2014-02-02_1729

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