Master Mariners divided as to Expert Witness Evidence ?

Master Mariners divided as to Expert Witness Evidence ?
Early in January there was a post “Highlighting the Successful Career of Julian Joy.” This was about the article printed in Professional Skipper Magazine covering his career in commercial shipping leading to becoming Senior Tutor, Lecturer & Examiner at Maritime NZ Nautical Training School.
Later in February there was a post “The Author of the Independent Investigation & Review of Evidence” which drew a rather unintelligent comment from Gary Neil of Napier who claims to be graduate of both the Wellington & Auckland Maritime School, with a Master Foreign Going ticket – Gary Neill commented :
“Oh dear Julian what have you done? In a room full of Master Mariners discussing this last night Julian would have been in a majority of 1. Haha. Says it all. Wondered who the defence could manipulate into a contrary to the law opinion.”
It was referred to Mr Joy for consideration – he responds –
“I have just been referred to your comment of 27 Feb on the Classique/Seaway case website, I find your comment rather ignorant and defamatory.
My personal opinion on the case was summarised in a letter I wrote to the Professional Skipper journal, published in the Sept/Oct 2013 edition; in that letter I did not make any statements regarding which party was right or wrong. My involvement in the legal case was as an expert witness appointed following the original district court finding. I was paid for my work by NZ legal aid, and I followed the necessary guidelines for expert witnesses as documented by the NZ Government and also by the Nautical Institute. My papers have been forwarded to the MLAANZ representative in NZ, and of course all papers from court hearings such as this are publicly available.
I have always welcomed informed debate on this case.”
Mr Joy’s reports are highly critical of Mr Barry Young to the extent of accusing him of acting unprofessionally & misleading the Court. He is critical of Judge Davis’s findings of fact & extends his criticism to Maritime New Zealand for failing to meet appropriate professional standards in the conduct of its investigation.
Mr Joy had attended most of the hearing & had logically formed a professional opinion of the evidence presented.
In an affidavit he disclosed that within a very short time after he had been asked by Counsel to produce the Report for the Court, he approached the MNZ appointed witness Barry Young, with a view to discussing their views as the Report was being compiled, however Barry Young declined stating “We could not talk about it as we were on different sides”
(A clear admission by B Young of his breaching his Code of Conduct & purpose to act as Hired Gun for the prosecution)
Mr Joy writes “This response was of concern to me in the role of an Expert witness, as although I had not received any ‘direction of the court to confer with another expert witness’ it was clearly in the interests of the case in producing my report, as directed by Judge Davis, to establish a professional witness foundation for solid advice to the Court. I therefore believe I had no alternative than to take the course of disclosure as adopted in my reports, in the interests of clarifying the issues & assisting the Court. I therefore believe I have carried out my duties in a sound, professional expert manner”
In light of the above information, it is possible that Gary Neill & his Master Mariner acquaintances might now be better informed, even if they haven’t been keeping up with the posts over the past few months in preparation for another more enlightened discussion ?

Carol Forsyth – Our People section contributor
wrote of Julian Joy in Professional Skipper Magazine
Highlighting his Successful Career.
Barry Young & Gary Neill looking on.

Website Pin Facebook Twitter Myspace Friendfeed Technorati Digg Google StumbleUpon Premium Responsive

Leave a Reply

Your email address will not be published. Required fields are marked *

CommentLuv badge