Rule 22 wasn't applicable in this situation - there was to be a safe crossing without risk of collision
Preparation For Appeal Of Decision By Judge Davis.
Each Paragraph from Judge Davis’s decision is followed by correction
Para 12 : Onus & standard of proof – It is my duty to find the charges have not been proved beyond reasonable doubt ….
“The special circumstances of this situational ambiguity give rise to complexity of legal interpretation & application regarding Crossing safely ahead of a ferry on a regular run.”
Para 13 : The onus of proving the charge rests with the informant….
“The informant has an ulterior motive in proceeding with an unwarranted prosecution
using Colregs in a punitive manner, employing their expert witness as a “Hired Gun””
Para 14 : Maritime Rules. A comprehensive code of Rules (part 22) has been developed to govern situations where collisions may be apparent….
“Note that for the Rule to be applicable, there must be a “risk of collision” – no risk, no need to apply Rule 22 which is not a complete & comprehensive code of navigation – the ordinary precaution of prudent seamanship as defined by custom & professional courtesy are still required.”
Para 15 : The important point about Rule 22.7(1) is that if there is any doubt ….
“In this situation there was no doubt that each would pass clear of the other – the ferry passing astern of Classique, starboard to starboard.”
Para 16 : Rule 22.8 sets out the action required to be undertaken to avoid collision….
“This applies to the Stand-on vessel at a later stage when its unilateral avoidance may be required in the event the other vessel has not taken appropriate action. Not applicable in this case.”
Para 17 : Rule 22.15 Crossing Situation – crossing so as to involve risk of collision….
“This rule was not applicable in this situation where there was to be a safe crossing without risk of collision.”
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Diagram of the situation before Judge Davis. It shows the incremental turning of Seaway towards the path of Classique reducing the eventual passing clearance – in violation of Maritime Collision Regulations