If the vessels maintained their earlier bearings there would’ve been either 463 mtrs of clearance
Points on Appeal Para 9, The Decision Of Iudge Toogood
The case against the appellant in the District Court
Para 9 : The case against the appellant concerned what might be described, at least on one view, as a “near-miss” between Classique, a yacht under motor power being helmed by the appellant, and Seaway II, a vehicular ferry travelling from Waiheke Island to Wynyard Wharf in Auckland. The incident giving rise to the charges occurred somewhere in the vicinity of Motuihe Island and Brown’s Island in the Hauraki Gulf, while the ferry was heading to Auckland. Classique was approaching Seaway II from Classique’s starboard; Seaway II had Classique on its port side approaching on a 30 degree angle. There does not seem to be any dispute that when the appellant first saw Seaway II it was some three nautical miles away. It also appears to be indisputable that, provided the two vessels maintained their bearings, their courses would intersect at some point.
Submission by Bolton regarding the Judgement of Toogood
Para 9 – It is incorrect for Toogood J to say that what appears to be two vessels maintaining their bearings leading to their courses intersecting is indisputable. The fact is that the ferry was, in violation of Maritime Rules, in a vigilante type behaviour, turning towards Classique to create a close quarters incident to report.
Note in Addition to the above submission …
The technical points of navigation obviously are unfamiliar to Judge Toogood. He appears to read the dishonest evidence of M Pigneguy & Barry Young without taking notice of the factual evidence of Bolton verified in the 2 Reports of Julian Joy.
Both Bolton & Julian Joy state indisputably that provided the two vessels maintained their earlier bearings there would’ve been either 463 mtrs of clearance or no intersecting at all if M Pigneguy had kept to Seaway’s Regular Run.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess