M Pigneguy acting like a pedantic narcissist can’t see in his own photos that he incrementally turned in the direction of the path of Classique
Defence Expert Julian Joy’s Second Report – Part 10
Written for Court in response to Affidavit of Mr Young and Crown submissions and Reserved Decision of His Honour Judge Davis’s Ruling in Respect of the Prosecution – MNZ v. Mel Bolton
Julian Joy B.Sc (Nautical), Dip Tchg, ACAT, FCILT, MNI.
Continuing with Julian Joy’s 2nd Report …
In Mr Davies’ Submission, paragraphs 20 to 24, he raises the matter of the crossing situation, but shows an incomplete understanding of the relationship between ‘crossing’ and ‘risk of collision’.
The arguments raised by Mr Davies are misleading, as there is no disagreement regarding that a crossing situation existed, or that Seaway II incrementally turned to starboard – the photos show this and all parties including Mr Young are agreed – the only disagreement is regarding the amount of turn to starboard and the effect of the turning, in relation to the rule requiring Seaway II to maintain course and speed.
Regarding the speed issue, there is no proof that Seaway II slowed down, and also in any case in my report (4.1.7), I concluded that “ Mr Pigneguy’s evidence that Seaway II slowed down has no effect on the outcome of this analysis; he would have had to slow down only because he placed Seaway II in a dangerous position, not because of anything that Classique did.”
In Mr Davies’ Submission, paragraph 28 (a) Mr Davies states that “Mr Pigneguy denied that he turned towards Classique”, and refers to several of the many places in the court record where this was discussed.
However, it is agreed by the experts that the photos Mr Pigneguy himself took prove he that did turn progressively to starboard and therefore towards Classique’s path, which is not the same as “towards Classique”.
Mr Pigneguy has also shown he had no documented evidence of his ship’s navigation track that day, and this combined with his own photos proving he was turning to starboard without apparently his knowing that he was doing so raises questions regarding the standard of his navigation.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
M Pigneguy acting like a pedantic narcissist can’t see in his own photos
that he incrementally turned in the direction of the path of Classique