The situation on Hauraki Gulf was not a crossing situation to which the Maritime Rule 22.15 applied
Judge Toogood Quotes Bolton’s District Court Defences
Bolton is Appealing the Decision made by Judge Toogood.
The appellant’s defences in the District Court
In the District Court, the appellant raised a number of defences, as follows:
(a) The situation that presented itself on the Hauraki Gulf was not a crossing situation (as described in rule 22.15), so the Maritime Rules did not apply.
(b) Alternatively, if there was a crossing situation, it became such only because it had been “manufactured” by the skipper of the ferry, Captain Pigneguy. It was suggested in evidence by the appellant that there was a degree of animosity between Captain Pigneguy and him
and that, instead of maintaining its course as required, Seaway II altered course to starboard incrementally so as to create a risk of collision which would not otherwise have existed.
(c) He maintained his course and speed because he anticipated that Seaway II would alter its own course to port which, in the appellant’s experience, was the ferry’s usual practice – ie. to round Browns Island enroute Waiheke to Auckland.
(D) In support of the allegation that the Seaway II had gradually turned to starboard and, therefore, across the path of Classique, the appellant relied on charts and courses that he had plotted in an endeavour to recreate the path Seaway II had taken. A maritime expert called on behalf of the prosecution, Mr Young, disputed the authenticity of the appellant’s plotting. Further, the appellant alleged that the photographs taken by Captain Pigneguy had been altered; he also asserted that the distances estimated by Captain Pigneguy were not accurate.
Bolton writes in his Appeal re [D] …
[D] The Appellant created authentic charts & courses which the purported MNZ Expert wrongfully disputed saying they had no starting point when in fact M Pigneyguy gave his starting point at the South Motuihe.
(a). It was also correct & admitted in evidence that M Pigneyguy had used a zoom at Photo 3 altering perception from that in Photos 1 & 2
(b). The stub projection on the bow of the ferry was not in the position by Classique’s hull used by MNZ in calculations made at Half Moon Bay – stationary & unloaded.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess