Judge Davis Begins His Decision Unaware Of False Foundation

Chart marked with Islands & position of Classique when Seaway was seen 3 nmiles away

Judge Davis Begins His Decision Unaware Of False Foundation
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The spurious charge laid by Maritime New Zealand is stated –
1: “Bolton is charged that pursuant to s65 of Maritime Transport Act 1994 in that he operated a ship, Classique, in a manner which caused unnecessary danger or risk to any other person or property.
2: He is also charged in the alternative with 2 further charges, namely that …
(a) he failed to observe Rule 22.15 of the Maritime Rules by failing to avoid crossing ahead of the other vessel and
(b) he failed to observe Rule 22.16 of the Maritime Rules by failing to give way.”
If Judge Davis had known anything of Maritime Rules & how they govern the approach of vessels, he would’ve seen through the subterfuge of Maritime New Zealand in bringing this charge before a District Court Judge instead of the Transport Accident Investigation Commission ( TAIC)
TAIC have authentic knowledge of Collision Regulations &
M Pigneguy would’ve been seen to have violated all applicable rules – carefully ignored by Maritime New Zealand & Crown Law.
Background set out mentions how Classique was motoring from Auckland with 1 crew to an anchorage on SW Motuihe.
Seaway was said to be on a regular route from Kennedy Point, Waiheke to Wynyard Wharf Auckland – M Pigneguy on the helm & Phillip Sweetman keeping watch. Conditions good, light Easterly breeze, high tide.
M Pigneguy’s practice is covered, of turning at Sth Motuihe & heading towards the tall Sentinal building in Takapuna on a course of 286 degrees True.
Judge Davis seems rather confused when he said that “Bolton’s evidence was that he saw Seaway round Kennedy Point & Browns Island some 3 nmiles away” That doesn’t make sense & it’s an indication of how little Judge Davis had grasped of the location & the situation before him.
What Bolton said was that “from his position at Nth Browns Island, he saw Seaway some 3 nmiles away to the East of the Southern end of Motuihe”
What Judge Davis writes next is also a concoction of what he understood Maritime New Zealand’s case to be …
“Classique was approaching Seaway on a 30 degree angle & a crossing situation could have developed; where each of the vessels saw each other & in sufficient time to take evasive action if a collision became imminent.”
To put this correctly “Seaway was approaching Classique on a 25 degree angle & a crossing situation did not have to develop; where both vessels saw each other in sufficient time – in fact with more than 2 nmiles separation – & if both vessels kept their course & speed, there would be no need to take evasive action as no collision would become imminent.”
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Chart marked with Islands & position of Classique when Seaway was seen 3 nmiles away
Judge Davis Begins His Decision Unaware Of False Foundation,Waiheke-Auck

Judge Davis Begins His Decision Unaware Of False Foundation

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