All violations & omissions of the Maritime Rules were entirely committed or omitted by M Pigneguy
Iudge Toogood Decision Appeal Points – Judgements? Video
Para 10 from Judge Toogood’s not so good Decision –
Para 10 – The central issue in the case was whether, in the circumstances which the Court found to exist, the acts or omissions of the appellant breached the Maritime Rules made by the Minister of Transport pursuant to the Maritime Transport Act 1994.
Submision on this by Bolton –
Para 10 – Contrary to the circumstances the Court was mislead to believe existed, there were no acts or omissions of the Appellant which breached Maritime rules – these were entirely committed or omitted by the ferry.
Note in addition to the above submission by Bolton –
“It seems ridiculous that Judge Toogood is just quoting what Judge Davis wrote in his erroneous Decision which is completely debunked by both Bolton’s & Julian Joy’s evidence – this is the whole reason for asking for Julian Joy’s 2 reports to be included in this Appeal”.
Judge Toogood’s Decision now expounds Maritime Rules & repeats how Judge Davis described the Rules & the “facts” as he found them to be in the following terms –
A comprehensive code of rules has been developed to govern situations where collisions may be apparent. These are covered by the Maritime Rules Part 22 headed Collision Prevention. The Rules comprise four sections and 40 Rules in total. In addition there are three appendices to the Rules. Rule 22.4 provides that the Rules in this subsection apply in any condition of visibility. Rule 22.7 relates to the risk of collision and provides as laid out:
Rule 22.7 Risk of Collision parts 1, 2, 4 a & b –
Note on this Rule mentioned by Judge Toogood –
High lighting Part (4) In determining if the risk of collision exists,
(a) Such risk must be considered to exist if the compass bearing of an approaching vessel does not appreciably change;
M Pigneguy was not using a compass bearing but a highly unreliable Relative Bearing which required him to hold a steady course
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Questionable Judgements – video