Submissions of original Grounds for Appeal – 3 & 4

M Pigneguy hooning around with Seaway having no regard for ColRegs to do with approaching vessels

Submissions of original Grounds for Appeal – 3 & 4
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Submissions of original Grounds with additional references for Appeal of Judge Davis’s wrongful decision – 3 & 4
3 : That because Seaway on its own admission was traveling at over twice the speed of Classique, Seaway dictated the ultimate relationship between these 2 vessels.
Because of the superior speed of Seaway it was not for Classique to avoid the eventual close quarters situation created by Seaway’s superior speed and alteration of course.
(a) Refer SD [5] Para11.b re avoiding a situation created by the Rogue ferry
(b) Refer Farwell Page 114 “…good seamanship could have adjusted the encounter to permit the vessels to pass under more favourable circumstances” Click here to view – Farwell’s Rules of the Nautical Road

4: Seaway failed to audibly sound his horn but concentrated on his photography
Seaway was not equipped with a “regulation horn”
(a) The ferry had no horn complying with Rule 22.33.3.– Refer SD [15] Para 24.d
(b) Further more the inaudible signal was first used at 80 mtrs off according to the ferry’s MNZ incident report & evidence in Trans Page 22. Refer SD[22]Para32d
(c) Only the first 5 blasts (at 1 second intervals) could be made in the time of 10 seconds the ferry takes to cover 80 mtrs at 15.5 knots, it is impossible for there to be an interval for Classique to respond and if she didn’t respond, to sound another series of 5 blasts with a further interval for Classique to take avoiding action. Refer to violation of Rule 22.8, Trans Page 151 & SD [15] Para24

Addition point …
M Pigneguy’s claim was not checked for feasibility by Maritime New Zealand or their Hired Gun, Barry Young. Discrepancies were pointed out to the parties including Crown Law, Mark Davies by Bolton repeatedly in the months leading up to the hearing but they pressed ahead regardless of M Pigneguy’s claim incriminating himself rather than Bolton.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Farwell’s Rules of the Nautical Road – Click here to view – Farwell’s Rules of the Nautical Road
 Submissions of original Grounds for Appeal – 3 & 4,Appealing Judge Davis's Wrongful Decision

M Pigneguy hooning around with Seaway having no regard for ColRegs to do with approaching vessels
 Submissions of original Grounds for Appeal – 3 & 4,images (28)

Submissions of original Grounds for Appeal – 3 & 4

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