Judge Toogood, not so good on figuring M Pigneguy’s ignorance of proper application of Maritime Rules
Appeal Points from Judge Toogood’s Decision Para 24
Judge Toogood then stated the essential misrepresented facts of the prosecution’s allegations in these terms:
Para 24, 1st Part – “Returning to the facts of this case – the Seaway II had rounded Motuihe Island and was on a course of 286 true when it had the Classique bearing down on it on its port side. Seaway II sounded five warning blasts as required by the Maritime Rules and despite those blasts the Classique continued to bear down on the Seaway II. Becoming concerned at the situation Captain Pigneguy took a photo of the Classique. The Classique did not alter its course and a second photo was taken of the Classique. Again the Classique did not alter its course and a third photo was taken”
Bolton in his submissions on Appeal writes re the above …
Judge Davis & consequently Judge Toogood had been mislead as to the essential facts alleged by Maritime New Zealand.
(a) . Classique was on a straight course when the ferry turned towards it from 260* at Motuihe Island and went above 286*, bearing down on Classique not allowing Classique to cross from the ferry Seaway’s Port side a Nautical mile earlier.
(b) . The 5 warning blasts were not sounded as required by Maritime Rules, at point of M Pigneguy’s 1st concern about a mile away from Classique.
(c) .They were sounded on an inaudible, non compliant, hand held aerosol at 80 mtrs off which would not have been sufficient or appropriate for avoiding action even if necessary.
(d). By Photo 2, Classique was ahead of the ferry – not required to alter course.
Note re Judge Toogood’s Para 24 …
He didn’t realize that M Pigneguy was taking photos instead of sounding a complying Ships Whistle at the appropriate time.
Judge Toogood had no understanding of what he was writing about.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess