Maritime New Zealand inspector Ian Howden is unprofessional in crucial matters
as he’s being introduced to the Court by Mark Davies of Crown Law, Meredith Connell Auckland who asks him to confirm that page 9 of the Coastguard Handbook has been produced as the exhibit illustrating the situation as Seaway approached Classique in the Browns Island/Motuihe Island channel.
“Yes that’s correct” Ian Howden says without a conscience as to the facts.
This was patently produced by Maritime New Zealand to misrepresent to the unfamiliar Judge Davis the actual circumstances on that day.
1: The angle of approach shown was a right angle conventional Stand-on / Give-way example depicting how the vessel which has the other on its starboard side shall Give-way by turning starboard to head around the stern of the other named as the Stand-on vessel.
This of course suited M Pigneguy’s irresponsible claim but it wasn’t true.
2: Classique was heading to an anchorage on South West Motuihe not very far up from where Seaway was turning at Sth Motuihe.
The angle of Seaway’s approach to Classique once Seaway turned towards Classique was about 25 degrees.
The distance between Seaway at Sth Motuihe & Classique as she simultaneously came out from North of Browns Island was 2.8 nmiles.
Seaway was travelling at twice the speed of Classique so by the time Seaway reached the area which Classique was leaving astern of her, Classique would be approx 1.4 nmiles out into the channel.
There was no possibility that the approach could be at right angles to begin with but if Seaway was continuing to turn towards Classique’s path, that could’ve been an eventuality dependant on the amount Seaway turned in the process of manufacturing the close quarters to complain about.
3: If Seaway had kept the course of 286 degrees M Pigneguy said he was on,
each vessel would have passed starboard to starboard with clearance of about 463 mtrs.
4:The Rule 22.15 “Crossing situation” with Stand-on & give-way vessels, would not apply.
5: M Pigneguy was not entitled to unilaterally change the category of approach into another classification by her own negligently deceptive action.