Mark Davies was Crown Lawyer for the MNZ Prosecution

Mark Davies was Crown Lawyer for the MNZ Prosecution – he asks M Pigneyguy to recall the questions Bolton posed as to why the ferry hadn’t turned to port to round Browns Island instead of continuing to turn starboard closer to Classique reducing the clearance to that seen in Photo 3.
Davies called the ferry the Stand-on vessel & referred to Rule 22.17
M Pigneyguy maintains “I was the stand-on vessel as I was on the other vessel’s starboard bow, making him the give-way vessel … he was on my port side, so there was no way under the rules, was the ferry allowed to go to port … my obligation was to maintain course & speed”
Davies says he takes from M Pigneyguy’s evidence that his action was to slow Seaway & effectively stop it ?”
M Pigneyguy relies “Yes that’s correct – I deemed that to be the safest thing to do at the time.”
Davies recalled that Bolton suggested that the course the ferry followed wasn’t a regular course for the ferry.”
M Pigneyguy replied “Yes, it was certainly a regular run, yes. that’s correct. May I add that a regular run doesn’t mean to say that you keep the exact same course every time.”
This closing recap, indicated that Davies & Pigneyguy were endeavouring to negate the points made by Bolton covered in the previous post –
1: That if the ferry had maintained either a straight course or followed the Regular Run round Browns Island, there would’ve been no crossing with risk of collision – no Stand-on or Give-way vessels bound by Rule 22.17.
2: Classique was ahead of the ferry in Photo 2 (even though the ferry turned towards) therefore allowing the ferry to turn to port freely & follow its course to Auckland.
There also appears to be a repetition at Court of “the ferry stopping, dead in the water, otherwise Classique would have been in pieces” etc – where as in the original claim by M Pigneyguy, copied by P Sweetman, the ferry was only “slowed” – no suggestion of being stopped.
Both Bolton & his crew declared that the ferry had gone past as fast as a roll-on/roll-off ferry would be expected to be travelling with no apparent change of speed. Classique could have taken action if it had been required to avoid the rogue ferry.
P Sweetman is the next witness called.

The ferry drew a black course it theoretically followed.
The red course is closer to where it was & the green course is where other ferries normally went
which would’ve been West of the point of incident – astern of Classique2014-01-24_2044

At Photo 1, in the time the ferry took to travel 926 mtrs, Classique travelling at half the ferry’s speed
would’ve covered 463 mtrs & been well to the ferry’s starboard side.
Classique was 39 mtrs to the ferry’s port side at Photo 1 – if both vessels had kept their course & speed
each would’ve passed starboard to starboard with more than 420 mtrs clearance2014-01-24_2117

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