Submission of 5th Ground Appealing Judge Davis’s Decision

BIGGEST WAVE in the World surfed 100ft – no AIS required - Video

Submission of 5th Ground Appealing Judge Davis’s Decision
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Submissions of original Grounds with additional references for Appeal – 5th Ground
5 : Seaway failed to provide instrumental recordings of his positions & relied on his own reckoning notwithstanding Seaway no doubt, being equipped with state of the art navigational equipment, with AIS – Automatic Identification System course information being available up till 3 months later from www.marinetraffic.com/ . (This gives information in chart form for all vessels carrying a transponder. The Regular Run of the Waiheke ro/ro ferry Seaway showed Seaway rounding Sth Motuihe & the Nth Browns Island enroute Kennedy Point Waiheke to Wynyard Wharf Auckland.)
(a) The only electronic GPS/Radar position said to have been made at the time “20 deg x .25nm off Browns” is also in doubt as the ferry had not stopped but went past so fast with M Pigneyguy outside the wheelhouse window, that he was fumbling the handheld aerosol horn to make further sounds as Classique acknowledged his safe passing. Trans Pages 210,265. Refer SD [4] Para 10b
(b) Although the AIS instrument is clearly visible in the evidential photographs taken by MNZ, it was said to be “not installed,” when a course recording was requested.
Refer SD [3] Para 9.a
Additional Notes …
1: Neither M Pigneguy nor his trainee ‘watchman’ Phillip Sweetman made any notations or checks as to Seaway’s courses or speed at the time M Pigneguy was manufacturing the incident & taking photos to record it. These were all made up & shared for future reference at the end of the day when they were at the ferry’s base in Auckland.

2: AIS – Basic overview
AIS transponders automatically broadcast information, such as their position, speed, and navigational status, at regular intervals via a VHF transmitter built into the transponder. The information originates from the ship’s navigational sensors, typically its global navigation satellite system (GNSS) receiver and gyrocompass. Other information, such as the vessel name and VHF call sign, is programmed when installing the equipment and is also transmitted regularly.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

BIGGEST WAVE in the World surfed 100ft – no AIS required – Video

Submission of 5th Ground Appealing Judge Davis’s Decision

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