Mark Davies, Crown Law, Meredith Connell, now interrupts …
“I think it’s important – Mr Bolton’s talked about what Mr Pigneguy’’s evidence was & we should probably just make sure that that’s clear if Mr Bolton wants to address it in his evidence, at page 33, Mr Pigneyguy, at line 14 said ‘The risk of collision started to exist as soon as your relative bearing wasn’t changing from us & that’s when I took the first Photo. That was when I thought if you weren’t going to do something soon then we’re going to pass very close if not have a collision unless one of us did something. That’s the reason I started taking Photos’ So Mr Pigneguy’s evidence is from about Photo 1 he considered it was collision …”(inaudible)
The stupidity of Mark Davies in bringing attention to M Pigneguy’s evidence is lost on Judge Davis –
1: The Relative Bearing M Pigneguy used was invalidated when he was steering towards the path of Classique instead of maintaining a straight course of 286* – this method is the most unreliable of all.
2: M Pigneguy in his planning to entrap Bolton admitted to just taking photos. His responsibility according to Maritime Rule 22.34.4 was to indicate his concern IMMEDIATELY to Bolton by sounding a warning on a ship’s complying whistle – he didn’t even have a ship’s whistle that worked.
3: The use of a camera was entirely for the purpose of recording the close quarter situation M Pigneguy was creating – A camera has no relevance to a skipper’s legal responsibilities in an approach.
4: Any thought M Pigneguy had about coming close was exactly what he was in the process of manufacturing to record with his camera.
5: He was pedantically educating an unwitting trainee watchman Phillip Sweetman in how to photograph ignorant recreational boaters so that he would have evidence for Court purposes.
6: M Pigneguy should’ve been steering a straight course instead of indulging in photography whilst negligently encroaching on Classique’s peaceful passage.
Judge Davis – “Well, for the moment & thank you for that Mr Davies, what I was just trying to ascertain from Mr Bolton is where Mr Young assessed the risk of collision starting … I want to get this very clear in my mind Mr Bolton, Mr Young says it was somewhere between, in his view, looking at the photos, Photo 1 & Photo 2. Are you saying there was no risk of collision in photo 1 & photo 2 & therefore Rule 22.15 didn’t apply?
Bolton – “Yes”
Judge Davis – “What about between Photo 2 & 3, are you saying there was still no risk of collision in that photo – sorry, in areas between photo 2 & 3 there was still no risk of collision at all through there?”
Bolton – “Definitely not. With all methods of determining risk of collision, including Relative Bearing & Line of Sight, everything that I was using indicated there was no risk of collision but the risk had come from far away to closer than necessary but there was still no risk of collision.”
Mark Davies, Crown Law, Meredith Connell, now interrupts