Judge Davis Disregards Navigational Principles Paragraph 32

Two Fundamental errors & violations of Maritime Collision Regulations by M Pigneguy.

Judge Davis Disregards Navigational Principles Paragraph 32
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The following are the Appellant’s responses to Paragraph 32, (d), (e)
(d) Bolton submits that For Judge Davis to assert that in his view the 5 inadequately audible blasts for the purposes of the Maritime Rules were neither here nor there, is to disregard their very necessary role in this situation – Rule 22.34.4 “the vessel in doubt must immediately indicate such doubt by sounding at least 5 short blasts” Rule 22.32 “each of 1 second’s duration” Rule 22.33.3 “complying with Appendix 3, (audibility & frequency)” Alternatively the ferry could have sounded according to Rule22.34.1b – 2 short blasts to mean “I am altering my course to Port” indicating a turn to round Browns Island.
(e) Rule 22.15 which Judge Davis has regarded as primary does not apply, as the vessels were not crossing so as to involve risk of collision – but were to pass clear with the ferry astern of Classique who’s action was to keep out of the way by proceeding ahead, maintaining her course & speed as she did.
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Notes in addition to this Submission on Paragraph 32 …
1: Judge Davis stated about 7 times in Court that he had no Nautical Knowledge. Then he makes a decision “that for the purposes of the Maritime Rules, 5 inaudible blasts from M Pigneguy were neither here nor there”.
Not only were they made on a useless handheld aerosol hooter instead of a Ship’s Whistle complying with Appendix 3 but they were not made at the appropriate times or distances as the Maritime Rule says is mandatory – not for anyone to dispute.
2: Judge Davis has been mislead by Barry Young as to the application of Rule 22.15 – both have chosen to ignore the obvious incremental turning of Seaway towards the path of Classique as the only cause of the close quarters – a serious violation on the part of M Pigneguy.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Two Fundamental errors & violations of Maritime Collision Regulations
by M Pigneguy. Both were ignored as irrelevant by Barry Young & Judge Davis

Judge Davis Disregards Navigational Principles Paragraph 32

Judge Davis Disregards Navigational Principles Paragraph 32

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