The 1st Half of the façade of an Interview by Ian Howden & Jim Lott,
After getting the basics of Classique being North of Browns Island & Bolton seeing Seaway to the East of Motuihe when he initially began monitoring whether Seaway was going to Half Moon Bay or Auckland, the course of seaway was established after it turned at Sth Motuihe & began heading towards Browns Island from whence Classique was departing.
Bolton described how by using his Line of Sight technique he could with confidence determine that Seaway was going to pass astern of Classique. The distance separating Seaway & Classique was over 2 nmiles at that time.
It was confirmed that Bolton expected the ferry to turn to port & head towards Auckland at some stage before it reached Classique.
That was realistic considering Classique had about twice the draft of Seaway & consequently was far enough out from Browns Light to be leaving the deeper water normally used by Waiheke ro/ro ferries as they turned round Browns Island towards their depot up in the Auckland inner Harbour.
At that point both Ian Howden & Jim Lott began holding the view that as Seaway was the Stand-on vessel, it wasn’t allowed by the Maritime Rules to turn Port if Classique was on Seaway’s port side even if M Pigneguy wanted to go to Auckland.
Bolton explained that was only the case if risk of collision existed but in this case considering the distance apart it was easy to determine that Seaway was definitely going to pass astern of Classique whether it turned to Auckland or just steered a straight course.
Jim Lott quoted M Pigneguy’s claim that shortly after this time he had to go astern with his engines in order not to hit you & Photo 3 shows there was very much a close quarters situation – to which Bolton says “I didn’t see any slowing neither did I think he had to because I was still monitoring his passage to go astern of me, like at no time was there any collision imminent.”
Ian Howden says that he was entitled to slow down if he believes risk of collision is imminent but Bolton points out that M Pigneguy before that, was to have sounded his warning 5 blasts which weren’t heard even though the hatch was open above where he was standing at the controls in the wheelhouse with both aft doors open as well.
Ian Howden quotes again from M Pigneguy’s claim “when Seaway was approx 80 mtrs away, I sounded 5 blasts on our ship’s whistle, there was no response even after a further sounding of 5 blasts.”
Ian Howden then says “now if we’re talking 80 mtrs here, you’re well inside the distance indicated at photo 2 – now at that point in photo 2 , were you on deck or down below?”
This quoting of M Pigneguy’s claim by Jim Lott & Ian Howden is looking as if they don’t find anything wrong with it regarding it’s relationship with Maritime Collision Regulations & that he had no ship’s whistle. Both Jim Lott & Ian Howden although they both had been aboard Classique numerous times over the years & recently to take their photos of the wheelhouse& deck layout, talked ignorantly about “down below – the steering station down below – went below – in the saloon – with your engine running & being inside there, would you expect to hear a sound?” about 7 times as if “wouldn’t you have better hearing in the helm position on the deck?”
They already know the aerosol hooter used by M Pigneguy had no required audibility, that he made no signals at the obligatory nmile off but took photos instead & at 80 mtrs off those actions stated could not have been made.
They also know that Classique’s wheel house with steering & engine controls is level with the outside cockpit where the sailing helm without controls is – that the visibility & hearing is as good as if not better than that in most conventional wheelhouses such as where M Pigneguy was ensconced.
This waste of interview time would now appear to have been nefariously constructed knowing they were recording a DVD to be played in a nautically deprived city court instead of the Transport Accident Investigation Commission.
The camera & aerosol hooter M Pigneguy used were known by Ian Howden & Jim Lott
to be no substitute for the missing complying ship’s whistle which would easily have been heard as Maritime Rules require in the likes of Classique’s wheelhouse
above ambient engine noise at 1 nmile away.