Classique would’ve been ahead of Seaway in Photo 1 if M Pigneguy hadn’t changed from his earlier course
Appeal Points from Judge Toogood’s Decision Para 23
Judge Toogood continues writing about Rule 22.17 Action by give-way vessel …
Para 23 – “In other words, once it became apparent to the Seaway II that the Classique was not taking action to give way (assuming a crossing situation existed) then the Seaway II was allowed to take its own evasive action provided it did not alter its course to port. The rationale behind the Rule is that the onus may have remained for the Classique to turn to its starboard and if the Seaway II were to turn to its port each vessel would in executing those manoeuvres turn into the path of the other. Importantly Rule 22.17(4) provides that Rule 22.17 itself does not relieve the give-way vessel of its obligation to keep out of the way; in other words, the Rule does not relieve the Classique of the obligation to keep out of the way of the Seaway II if a crossing situation existed”
Bolton in his submissions on Appeal writes re Judge Toogood’s reiteration of Judge Davis’s mistaken understanding of the situation manufactured by the violations of M Pigneguy, Seaway’s relieving skipper on the day …
Para 23 – The rational behind the Rule does not apply in this case as Classique was clear ahead of the ferry at photo 2, leaving the ferry free to turn to Port as usual.
Note in addition to the above Submission by Bolton …
Judge Toogood says re rule 22.17 “assuming a crossing situation existed” He doesn’t distinguish between the crossing without risk of collision & a crossing with the risk of collision which eventuated at a late stage as a result of the incremental turning of M Pigneguy & Seaway towards the path of Classique.
Not only that but Classique would’ve been ahead of Seaway in Photo 1 if M Pigneguy hadn’t steered foolishly from his earlier course he said he was on of 284 deg T to the 292 deg which was above his stated stated course of 286 deg & prominent building mark, the Sentinel, on North Shore in Photo 1.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Photos 1 & 2 showing how Classique would’ve been well ahead of Seaway & across to its Starboard side
if M Pigneguy had steered a straight course on his earlier said course of 284 Degrees True