Judge Davis misunderstands Sound & Photo Evidence, Para 36

Hooter, Hooked course, Hooning & Horisontal Articulation describe the unseamanlike conduct of M Pigneguy

Judge Davis misunderstands Sound & Photo Evidence, Para 36
Submissions for Appeal on Judge Davis’s Decision
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The following is the Appellant (Bolton’s) response to Paragraph 35 & 36
[25] Para 35 & 36 : His Honour likewise, misunderstands photographic evidence
(c) With it now established that the 1st photo was taken at 1000 mtrs, (1 kilometre) by the time the 2nd photo was taken the ferry would have been at her normal turning point for rounding Browns Island. There would have been about 1000 mtrs clearance behind Classique towards Browns Island Light and about 463 mtrs astern of Classique if the ferry chose to continue further on its stated course of 286T.
(d) Therefore we respectfully submit, it is due to the Ferry not maintaining its stated course but incrementally turning towards Classique that the eventual clearance was reduced from the possible 463 mtrs. The Ferry consequently operated in a manner at variance with prudent Navigational Practice.
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Notes in addition to the submission on Para 36 of Judge Davis’s Decision
1: Judge Davis & Maritime New Zealand completely ignored the prevarication by M Pigneguy over the difference between what he claimed originally & his evidence given in Court.
His 1st series of sound signals stated in his Claim said to have been made at 80 mtrs off Classique – about Photo 3. Then in Court & in his Brief of Evidence that had changed to being at 1000 mtrs – the position of Photo1, before amending it to more like 500 mtrs – about the location of Photo 2.
2: Furthermore Judge Davis & Maritime New Zealand ignored the violation of M Pigneguy in using a hand held aerosol hooter instead of a proper Ships Whistle complying with Appendix 3 of Maritime Collision Regulations for audibility, frequency etc.
3: No sound signal was heard in the wheelhouse of Classique where according to Appendix 3 a complying Ships Whistle will be heard a nautical mile away above ambient engine noise.
4: Maritime New Zealand had tested the aerosol can hooter & found it to be entirely in adequate but still raised no objection to that being the only equipment M Pigneguy had available onboard Seaway.
5: M Pigneguy could neither signal appropriately, steer a straight course or keep to his Regular Run Waiheke to Auckland – these 3 violations alone were responsible for the close quarters situation he manufactured to complain about. The wrong skipper was prosecuted.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Hooter, Hooked course, Hooning & Horisontal Articulation describe the unseamanlike conduct of M Pigneguy with Seaway & in Court where he as well as Barry Young failed to tell the truth, the whole truth & nothing but the truth.
Judge Davis misunderstands Sound & Photo Evidence, Para 36

Judge Davis misunderstands Sound & Photo Evidence, Para 36

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