Fundamental violations of Maritime Collision Regulations by M Pigneguy were 100% responsible for the situation
Appeal Points from Judge Toogood’s Decision Para 18
Judge Toogood quotes Rule 22.15 – Crossing situation …
“When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on its own starboard side must keep out of the way. The vessel required to keep out of the way must, if the circumstances of the case allow, avoid crossing ahead of the other vessel.”
He then repeats Judge Davis infamous Decision …
Para 18 : “Applying the Rule to the situation at hand, if a crossing situation existed the onus was on the Classique to keep out of the way of the Seaway II.”
Bolton in his submissions on Appeal re Judge Davis’s Decision writes …
Para 18 – “There was no crossing with Risk of Collision existing until the ferry created that risk – it was for the ferry to keep out of the way of Classique”
Judge Toogood probably knows about as much about Maritime Rules as Judge Davis, who admitted 7 times his ignorance of Nautical matters.
Maritime New Zealand with their Hired Gun Barry Young & M Pigneguy all appeared to deliberately mislead Judge Davis on these Navigational matters. They took advantage of a District Court Judge instead of notifying TAIC, Transport Accident Investigation Commision, a Nautically competent body specifically set up to investigate the situation M Pigneguy created by not being able to work out that he was steering towards the path of Classique from the point of Seaway’s turning at Sth Motuihe.
Judge Toogood apparently took no notice of all the evidence provided by Bolton & that contained in Julian Joy’s Reports regarding the violations of M Pigneguy which would’ve been clear to any Navigationally competent person. Both Judges were outside their fields of expertise – intent on protecting their woeful adherence to Legalities instead of being interested in the facts.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess