The Faces of Wrongful Conviction – video. J Davis Continues

Rule 22.15 didn’t apply therefore Classique was not obliged to keep out of the way

The Faces of Wrongful Conviction – video. J Davis Continues
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Judge Davis continues setting out a preamble for his regrettable Decision
Maritime Rules – “A comprehensive code of rules has been developed to govern situations where collisions may be apparent. These are covered by the Maritime Rules Part 22 headed Collision Prevention. The rules comprise 4 sections & 40 rules in total. In addition there are 3 appendices to the Rules. rule 22.4 provides that the Rules in this subsection apply in any condition of visibility.
Rule 22.7 relates to the risk of collision
Rule 22.8 – Action to avoid collision
rule 22.15 – Crossing situation
Rule 22.16 – Action by give-way vessel
Rule 22.17 – Action by stand-on vessel”
The entire content of each rule is quoted & that is unnecessary here.
Sufficient is to note the points Judge Davis took from them.
1: “The important point about Rule 22.7.1. is that if there is any doubt as to whether a risk of collision may be present then the Rule provides that the risk of collision must be considered to be existing.”
(He hasn’t understood that M Pigneguy used a most unreliable method to determine risk of collision where as the rule only mentions the use of a compass bearing – so in this case any risk was due to M Pigneguy’s fault.)
2: “Rule 22.8.1. provides that action to avoid collision be made in good time & is substantial. There is no dispute that on the day in question there was no other sea traffic in the vicinity, such action could’ve been made.”
(Judge Davis has not been able to work out or remember he was told that Classique had the vicinity of Browns Light, reef & shallows area as a good reason to keep on her course ahead & not take any other action as was suggested that she turn starboard.)
3: “Rule 22.15 applying it to the situation at hand, if a crossing situation existed the onus was on Classique to keep out of the way of Seaway.”
(Rule 22.15 didn’t apply therefore Classique was not obliged to keep out of the way, in fact it was for Seaway to have steered a straight course – it was a safe crossing & not with risk of collision until M Pigneguy began reducing the earlier available adequate clearance of 460 mtrs by his own negligent action – contrary to Maritime Rules)
4: “Rule 22.16 applying similarly, if a crossing situation existed the onus was on Classique to have taken early & substantial action to keep well clear of Seaway.”
( Similarly, Judge Davis has taken from Barry Young the mistaken idea that a crossing with risk of collision existed when it was Seaway which was encroaching on Classique incrementally in violation of Maritime Rules. It was for Seaway to get back to her earlier course.)
5: Rule 22.17 according to Judge Davis was mainly explaining why a stand-on vessel must not turn to starboard for a vessel on its own port side.
(Judge Davis had again mistakenly taken from Barry Young that Classique was on Seaway’s port side. In fact in Photo 1 Classique would’ve been ahead of Seaway if Seaway was on her purported 286* course & in Photo 2 Classique was actually ahead of Seaway, not on her port side. It was unfortunate that Judge Davis could not see that for himself.)
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

The Faces of Wrongful Conviction – video.

Rule 22.15 didn’t apply therefore Classique was not obliged to keep out of the way
Judge Davis had again mistakenly taken from Barry Young that Classique was on Seaway’s port side

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