Judge Davis mislead on navigational principles, Paragraph 32

There is not expected to be any crossing. Seaway would normally follow the course to Auckland from whence Classique had come.

Judge Davis mislead on navigational principles, Paragraph 32
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The following is the Appellant’s response to Paragraph 32
[22] Para 32 : His Honour it is submitted, has been mislead on navigational principles
(a) Rather than a red herring, this was a valid & crucial determination of the real issue which reveals Seaway incrementally turned towards Classique in contravention of its obligations thereby reducing the safe clearance at passing from the 463 mtrs which existed if it had kept its course & speed – apart from the fact that its regular run would have had it turning away from Classique before reaching Classique, to round Browns Island from whence Classique had come prior to Seaway reaching Sth Motuihe – more than 2 nmiles distant. These were 2 vessels approaching at 25 deg such that each should keep its course & speed to pass clear of each other…
(b) Therefore His Honour should have been able to answer an unequivocal “NO” – Classique was not in a crossing situation such that she had to keep out of the way by turning to her starboard which would have been putting her as an impedance into the expected path of the ferry and closer than prudent to Browns Island/Light/Reef shallows.
(c) The 3 photos supplied by Capt Pigneyguy quite clearly showed his contravention in turning incrementally towards Classique from 286T to 292T at the taking of the 1st photo, to 295T at the 2nd and 297T at the 3rd Photo when the onus was on Capt Pigneyguy to either keep his course to pass astern of Classique or round Browns Island on its Regular Run with no crossing at all.
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Judge Davis several times protested his lack of nautical knowledge – it appears that Maritime New Zealand, Barry Young, M Pigneguy & Mark Davies Crown Law, took advantage of a District Court Judge Davis instead of notifying TAIC – Transport Accident Investigation Commission as Maritime New Zealand was legally obliged to do at the outset.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

As Classique proceeds ahead & Seaway approaches on its Regular Run …
there is not expected to be any crossing. Seaway would normally follow
the course to Auckland from whence Classique had come.
Judge Davis mislead on navigational principles, Paragraph 32

Judge Davis mislead on navigational principles, Paragraph 32

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