Mr Joy’s Expert Report was Refused Because He Wasn’t There …
at the scene of the incident whilst it was occurring –
Judge Davis held that “Mr Joy’s evidence was in many respects premised on his own attempts to reconstruct the relative conditions of Classique & Seaway based on photographs tendered by M Pigneguy “ – Seaway’s temporary skipper.
Judge Toogood when he decided to refuse the admission of Mr Joy’s Report makes reference to that statement of Judge Davis & no doubt Crown Law & Maritime NZ were highly delighted.
If the Law is an Ass, this must be a prime example exhibited at top level – Mr Barry Young wasn’t an observer of the incident either. He attempted to reconstruct the conditions based on the same photos & yet his erroneous opinion was readily accepted by Judge Davis. This continued unchanged through the system.
How can Judges, who should know better, say such duplicities ? They know in their field of work that Expert evidence is invariably presented by a person who wasn’t there.
“When a car spins out of control or a fire consumes a home, it’s often a forensic engineer who identifies the cause of the event and possibly a likely suspect. Even when they only have fragments or charred remains to work with, these scientific detectives can frequently piece together the sequence of events and help investigators narrow their search for a motive, means and suspect. They might also extend their skills to the courtroom, ensuring justice is served.”
Bolton was there observing the whole time & had thorough evidence including benefit of working with the photos provided but Judge Davis could not recognize its validity even after it was 100% verified by Julian Joy’s Report which showed up the many discrepancies in Barry Young’s misleading effort.
A miscarriage of justice primarily is the conviction and punishment of a person for a crime he or she did not commit.
Most criminal justice systems have some means to overturn, or “quash”, a wrongful conviction.
“Miscarriage of justice” is sometimes synonymous with wrongful conviction, referring to a conviction reached in an unfair or disputed trial.
Also, the term travesty of justice is sometimes used for a gross, deliberate miscarriage of justice. Show trials (not in the sense of high publicity, but in the sense of lack of regard to the actual legal procedure and fairness), due to their character, often lead to such travesties – as in this present case where abundant evidence shows Bolton was not guilty.