Ian Howden, investigator & prosecuting for MNZ was asked questions by Bolton

Ian Howden, investigator & prosecuting for MNZ was asked questions by Bolton
1: Why the claim by Mr Pigneyguy was not checked for feasibility – it reads at a distance of 80 mtrs, the 1st sequence of 5 blasts, the waiting for the response, the 2nd series of 5 blasts, & then thought the ferry could be slowed down. Why do you think an unfeasible, improbable report should have been considered ? Did you look at the distance of 80 mtrs which could be covered in 10 seconds at 15.5 kts & reckon whether everything that was said to be done within 10 seconds either could’ve been done or it wasn’t done past the 1st 5 blasts – could you have thought of that when you saw the report before you decided that you’d write it up …did you look at what the claimant said & decide for yourself whether this is valid, feasible or not ? (Neither did it comply with Collision Regulations for one claiming to be a Stand-on Vessel)
Ian Howden replies – “I considered what Mr Pigneyguy had to say & if you’re asking if I broke down the sequence of events in the minutes between alleged distances & what was done in those time periods, no, I did not do that.”
2: Bolton – “Regarding the report that wasn’t written for publication – (required after an investigation) the official MNZ report that might lead to prosecution.”
Ian Howden – “There was no official report. There was an internal memo that would’ve been put to the director of MNZ to determine whether of not charges would be laid.”
3: Bolton – “There is normally a proper official report made & it is usually in a severe case which has involved a fatality or actual damage & then the decision of MNZ is published whether it’s going to be a censure or a prosecution.” (Maritime Transport Act 60 – Duty of Director to notify Transport Accident Investigation Commission)
4: Bolton – “Why is there such bias & prejudice in the interviews that I’ve had with you & the communications I’ve had ? I would’ve appreciated a searching for the truth rather than a sort of agenda. Was that normal interviewing procedure ?”
Ian Howden – “…there is no special treatment as far as you’re concerned … that was a standard interview for MNZ”
5: Bolton – “Why was there no discretion used as to whether you should’ve withdrawn this claim & prosecution ?” No answer allowed
6: Bolton – ” Could you tell me who the Public Interest is that Director MNZ said was behind this prosecution – I haven’t been able to find out ?” No answer allowed.
7: Bolton – “Re the little aerosol we have here – I was asking for it to be tested in accordance with Appendix 3, Rule 22.32 for audibility, frequency etc”
Ian Howden – “Audio frequency of the horn when tested, was not measured in any other manner apart from my listening to it to determine at what distance it was audible … I would have to look at Appendix 3 before I could comment on that … I haven’t studied at length the requirements”
8: Bolton – “Would you agree that the little horn wouldn’t measure up to a complying ships whistle ?’
Ian Howden – “I have no idea. I don’t know because we haven’t … that horn, in my experience when properly charged wouldn’t be audible at a distance of 1 nmile or more.”
9: Bolton – “Would you agree the 3rd photo which we now know was zoomed, according to Mr Pigneyguy’s evidence, (I might have closed the zoom a bit) that that effects the measurement …”
The Judge couldn’t recall that the photo was zoomed.
10: Bolton – “Has there been any pressure from Keith Ingram & Phillip Wardale for MNZ to prosecute me ?”
Ian Howden – ” Absolutely not.”
11: Bolton – “Mr Wardale used to ring up MNZ every time I booked space before a trip, was that arranged by MNZ or was that Phillip Wardale doing it voluntarily. Classique did perhaps 16 off shore trips & every time MNZ would either come out to the mooring even before I’d got back to it in the dinghy after booking space or investigate Classique at the Marina before departure ?”
Ian Howden – “I can’t recall. I recall speaking to Mr Wardale on a few occasions concerning the operation of your vessel, but whether he called me or I called him, I can’t recall exactly.”
12: Bolton – “After those many visits you made to Classique, you became quite familiar with our wheelhouse, so during the interview I was wondering why such unfamiliarity was expressed regarding the layout of my vessel – confused as to whether I went down or into enclosed situations, saloons, steering stations etc – it had a huge bearing because neither Keith Ingram or yourself seemed to know I had an inside steering station where the controls were & there was discussion between you & he about my going inside. Why ?”
Ian Howden – “I’ve been ccd in on emails from Mr Ingram … I haven’t paid any attention to Mr Ingram.”
13: Bolton – “I’ve had no previous incidents, convictions, damage or fatalities & there was clearly doubt about the feasibility of the claim, why didn’t MNZ consider alternatives to prosecution ?”
Ian Howden – “the decision to prosecute is made by Director MNZ … I merely gather information & provide it to the Director for her consideration.”
14: Bolton was saying “the Director quoted Public Interest” but the Judge excused the witness & concluded the questioning.
Barry Young is called next.

The ferry’s claim taken from MNZ reports & printed in Professional skipper Magazine by Keith Ingram, Editor – not checked for feasibility or complying with Collision Regulations rules.
Claim

The type of handheld aerosol used by the ferry in place of a complying ships whistle or horn
images (25)

Appendix 3 – the ferry is 20 or more but less than 75 mtrs
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Showing the effect of zooming – the ramp measures 34 mm in Photo 3 but 29 mm in Photos 1 & 2
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Classique’s proximity to Bayswater Marina – manager Phillip Wardale
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A composite photo to include the controls beside the helm of Classique – there’s no controls at the outside helm
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