What Is Perjury? Does it Apply in this Case ?
A witness under oath commits perjury by making a statement in a court or other proceeding that the witness knows is not true. The statement must be “material” to the subject of the proceeding,
1: Perjury only happens under oath. The witness must have vowed to tell the truth to someone who is authorized to administer the oath,
2: Perjury requires a statement. In addition to testimony, a statement adopted in the proceeding, as when a witness authenticates a false writing while under oath,
3: Intent to mislead. The witness must know that the testimony is false and must give it with the intent to mislead the court.
4: Only false statements are perjury. Conflicts in testimony may be perjury if one of the conflicting statements is necessarily false (and prosecutors can prove perjury without proving which one is false).
5: Inconsistent statements can lead to perjury. Inconsistency under oath is what led to Bill Clinton’s impeachment.
6: Statement made in court or other proceeding. Sworn, written statements submitted to courts or government agencies are statements made in a proceeding and subject to perjury laws.
7: Only a “material” statement can be perjury. The false statement must be capable of influencing the proceeding – that is, it must have a relationship to the subject of the proceeding. This includes a false statement that would tend to mislead or hamper an investigation.
8: A material statement that is superfluous to the outcome may still be perjury. Even where false testimony does not affect the outcome of a case, the lying witness may be prosecuted for perjury.
It could be said that most, if not all, of the evidence given by the prosecution witnesses in the case of the close quarters incident created by M Pigneguy relieving skipper of Waiheke roll on/roll off ferry Seaway ll, to implicate motoring yacht Classique, falls into the category of Perjury & so far they have got away with impunity in the prosecution & conviction of the wrong skipper
Perjury – Noun
The willful giving of false testimony under oath before a competent tribunal upon points material to a legal inquiry.
(The competence of the Court in the above case is in question due to Judge Davis’s self professed ignorance of Nautical matters & consequently interpretation of Maritime Rules regarding Collision Prevention