Did Judge Davis get it wrong ? Maritime New Zealand v Bolton

Judge Davis got the wrong skipper

Did Judge Davis get it wrong ? Maritime New Zealand v Bolton
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
In the District Court at Auckland, Judge Davis read out his erroneous Decision & Reasons after a 3 day trial brought by Maritime New Zealand against Bolton in what was purported to be a Close Quarters incident between Classique & a Waiheke Roll on/Roll off Ferry Seaway in between the Browns & Motuihe islands of the inner Hauraki Gulf.
The Charge & conviction was Dangerous Use of a Vessel (Sec 65.1. MTA’94) by Failing to Give Way – (Rule 22.15.Crossing Situation)
1: M Pigneguy, the relieving master of the ferry Seaway was an ex chairman of the Auckland Charter Yacht Association with a long term grudge against Classique’s Cost Share Crewing Concept.
2: M Pigneguy also took the opportunity to act pedantically in showing his trainee watchman Phillip Sweetman how to use a camera to construct evidence against those he regarded as ignorant Recreational Boaters.
3: Keith Ingram editor of Professional Skipper Magazine also had taken upon himself the role of policing what he thought were Pirates & created a Roll of Dishonour with Classique as its raison d’etre.
4: M Pigneguy was also a contributing author to Professional Skipper Magazine – relishing the rubbish article he could write.
5: Philip Wardale the then manager of Bayswater Marina in conjunction with the waterfront vigilante action going on, trespassed Classique from the marina’s public dock in disregard for the Resource Consent specifically giving yachts moored outside such as Classique the right to use the dock. He didn’t want to be seen by his Charter Boat berth holders to be assisting Classique. Furthermore, he had an arrangement with Maritime New Zealand to notify them when Classique booked marina space prior to an offshore voyage so that Maritime New Zealand could vet Classique’s crews for irregularities – of which there were none.
6: Maritime New Zealand had for considerable time been pressured to prosecute Bolton so they with alacrity took M Pigneguy’s manufacture claim without checking its feasibility & went through a farce of an investigation prior to engaging a Hired Gun – purported expert witness Barry Young – whose prime requirement was apparently to mislead the Court on Navigational matters.
7: Crown Law, Mark Davies also disregarded his State Services Code of Conduct in not advising Maritime New Zealand that the evidence before them showed without doubt that the blame for creating the close quarters complained about was entirely as a result of M Pigneguy’s multitude of Maritime Collision Regulation violations.
8: Maritime New Zealand also violated their mandatory requirement to notify TAIC – Transport Accident Investigation Commission. This Commission being set up for the purpose of investigating incidents with the aim of using information gathered to prevent similar happenings in the future.
9: Consequently instead of the appropriate authority hearing the case, Maritime New Zealand was able to take advantage of Judge Davis who many times admitted to having no nautical knowledge.
10: Therefore there is no question that Judge Davis got it wrong.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

                               Judge Davis got the wrong skipper
Did Judge Davis get it wrong ? Maritime New Zealand v Bolton

 

Did Judge Davis get it wrong ? Maritime New Zealand v Bolton

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