Judge Davis Brings Up A Red Herring – Poor Identification

If M Pigneguy had steered straight, there would’ve been 460 mtrs clearance. If He had kept to his Regular Run, there would’ve been no crossing at all.

Judge Davis Brings Up A Red Herring – Poor Identification
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Judge Davis admits to having no nautical knowledge, that probably explains how he comes to poorly identify the evidence in front of him & comes up with a fishy decision in which he writes –
regarding Bolton’s assertion that Seaway turned towards the path of Classique reducing the clearance & causing the close quarters …
“In my view this is a red herring & the real issue for the Court to determine is whether Classique as a vessel on the port side of Seaway, or to put it another way, a vessel with another vessel on its own starboard was in a crossing situation & therefore was required to take action to keep out of Seaway’s way. In my view the answer to that is unequivocally yes.”
As Judge Davis poorly identifies a red herring, his view is obviously clouded by the misleading information he’s listened to from Barry Young – the Hired Gun who wasn’t expert
1: It is unequivocal that Seaway caused the unnecessarily close quarters by steering towards Classique & reduced the 460 mtrs clearance that was available earlier.
2: That is the real issue & the Court seems unable to understand that crucial evidence.
3: Judge Davis has not differentiated between crossing situations.
This one was without risk of collision before M Pigneguy reduced the clearance incrementally as it manufactured a close quarters.
4: Therefore Judge Davis is wrong to talk about Classique being a give-way vessel obliged to keep out of the way of the Rogue ferry just because Seaway happened to be on Classique’s starboard side.
5: Seaway was on earlier courses of 284 & 286 degrees. At that time if Seaway had maintained those courses as Classique kept her’s, both vessels would have passed clear of the other with 460 mtrs to spare.
6: Seaway would have either crossed safely astern of Classique or if Seaway had kept to its regular run around Browns Island, there would’ve been no crossing at all – Seaway would be following the course to Auckland from whence Classique had come.
7: M Pigneguy was violating Maritime Collision Prevention Rules by negligently changing the category of approach & then attempting to invoke the Crossing Rules which had not earlier applied.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

If M Pigneguy had steered straight, there would’ve been 460 mtrs clearance.
If He had kept to his Regular Run, there would’ve been no crossing at all.

Judge Davis Brings Up A Red Herring – Poor Identification,RedHerringCrossing

 

Judge Davis Brings Up A Red Herring – Poor Identification

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