Judge Davis Begins To Quote Bolton’s Defence Submissions

Alternative was for Seaway to have kept a straight course & pass safely astern of Classique

Judge Davis Begins To Quote Bolton’s Defence Submissions
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
In his Decision Judge Davis starts to itemize Bolton’s defences
“Mr Bolton’s defence was that the situation that presented itself on the Hauraki Gulf was not a crossing situation & that the Maritime rules did not apply. In the alternative Mr Bolton’s view is that the situation only became a crossing situation because it had been “manufactured “ by Captain Pigneguy. The view of the experts is that a crossing situation existed & the onus was on Mr Bolton to have kept out of the way of Seaway in accordance with the rules that I have outlined above.”
The wording of this paragraph written by Judge Davis indicates his lack of understanding what was going on before him regarding crucial nautical matters.
1: Judge Davis fails to differentiate between a crossing situation which is safe,to which Maritime Rules don’t apply – by far the majority of crossings & those which have risk of collision & to which Rule 22.15 “Crossing situation” does apply.
2: Bolton was specifically pointing out that the situation to begin with was such that it was without risk of collision, therefore Rule 22.15 did not apply. Each vessel was to keep its course & speed & Seaway would either cross safely astern of Classique or on its Regular Run, turn after Browns Island to follow the course whence Classique had come – there being no crossing at all.
3: Bolton’s view is valid that M Pigneguy manufactured the close quarters situation by incrementally steering towards the path of Classique in violation of Maritime Rules.
4: For Judge Davis to say there were Experts, plural, begs the question of whether there was an expert at all. Barry Young was a purported Expert witness but he disregarded his code of Conduct acting as a Hired Gun in the employ of Maritime New Zealand.
5: Therefore there was no independent witness with a view that any onus was on Bolton to have kept out of the way of Seaway.
6: All the Maritime Rules applying to the situation involving the 2 vessels in question were those violated by M Pigneguy – his negligence regarding Rules governing approaching vessels & the application of complying equipment which to his detriment, he did not have.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Alternative was for Seaway to have kept a straight course & pass safely astern of Classique
Judge Davis Begins To Quote Bolton’s Defence Submissions,WallCartoonNoCrossing

Judge Davis Begins To Quote Bolton’s Defence Submissions

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