Submissions on Paragraphs in Judge Davis’s Decision

A chart was supplied in evidence by M Pigneguy.

Submissions on Paragraphs in Judge Davis’s Decision
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The following are the Appellant’s responses Paragraph by Paragraph
[1] Para 4 : His Honour refers to the ferry’s “Regular Run” from Waiheke to Auckland which is stated by M Pigneguy (Trans Pages 5,6,7,15) to be from Kennedy Point, round South Motuihe, round Northern side of Browns Island & thence past North Head to Wynyard Wharf in the city. A chart was supplied in evidence by M Pigneguy with the theoretical course drawn on it showing the ferry’s usual turning points at Sth Motuihe and Browns Island (Attached 9)
His Honour’s reference to “Regular Run” is significant because His Honour later in the trial stated that the ferry “…for reasons unbeknown and unexplained … chose to do something other than it would ordinarily do…”
Trans Page 234. Refer also to Basic Ground 7.b
[2] Para 7 : His Honour states that Cushions were being sewed in the wheelhouse….
But Mr Bolton was in the wheelhouse, near the controls & responsible for navigation, observing the ferry as it headed from before Sth Motuihe towards Browns Island as separation between vessels decreased from 2 to 1 nautical mile (1 nm = 1850 mtrs)
(A) – Bolton mentions in Maritime New Zealand’s Interview page 16 “ Life Raft covers” & the Summary of Facts 3.18.c refers to “Life raft covers” – the important fact left out is that “I was monitoring the approach over the last 2 miles of the ferry from Sth Motuihe” – the sewing references I submit, misleading the Judge as to my attention to the ferry.”
(B) During the Interview, MNZ made about 19 references to Bolton “… going below…”, “… into the Saloon…” etc, as if that indicated lack of visibility, before finally accepting that Bolton was in his wheelhouse at the controls.
(C) Keith Ingram (Editor of Professional Skipper Magazine) in discussion with Maritime New Zealand about the time of Bolton’s Interview expressed surprise that he had controls & steering inside his wheelhouse. Classique has dual steering stations but only the inside station has engine controls.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

A chart was supplied in evidence by M Pigneguy with the theoretical course
drawn on it showing the ferry’s usual turning points at Sth Motuihe and Browns Island

Submissions on Paragraphs in Judge Davis's Decision

The wheelhouse of Classique with steering, engine controls, all instruments including radios, radar & GPS
Submissions on Paragraphs in Judge Davis's Decision

Submissions on Paragraphs in Judge Davis’s Decision

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