After M Pigneguy’s turning to Starboard violating Colregs, he didn’t wake up to his Steering off course
Judge Davis Gives Grounds to Appeal His Decision
This Paragraph from Judge Davis’s decision is followed by correction …
Para 23 : It became apparent to Seaway that Classique was not taking action (assuming a crossing situation existed) then Seaway was allowed to take its own evasive action provided it did not alter its course to port.
The rationale….Importantly Rule 22.17(4)
“The Rationale given is not valid –
(a) crossing with risk of collision did not exist & Seaway was entitled to keep to its normal route around Browns Island.
(b) because that was Seaway’s normal maneuver Classique was neither intending nor willing to turn to starboard into the ferry’s expected path.
(c) If the ferry had any doubt about its safety in turning to its Port, it only had to indicate its intention by sounding 2 significant blasts.
Importantly Rule 22.17(4) allows the other vessel to keep out of the way in a manner which is applicable to the situation – turning either way or proceeding ahead.”
Note explaining the error in Judge Davis’s misguided Decision.
Judge Davis had been mislead by Maritime New Zealand, Crown Law, relieving ferry skipper M Pigneguy who manufactured the claim & “Hired Gun” Barry Young, to believe that yacht Classique was the Give-way vessel & Seaway was the Stand-on vessel. Judge Davis was hoodwinked into believing a crossing with Risk of Collision existed when it had been created for the purpose by M Pigneguy.
This talk about “Seaway being allowed to take it’s own evasive action as long as it didn’t turn to Port” is indicative of the perverted evidence Judge Davis had been persuaded by.
It’s absolutely ridiculous, considering that Seaway had been incrementally turning Starboard toward the path of Classique since it rounded Sth Motuihe, over 2 nmiles away.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Ridiculous to consider that after all M Pigneguy’s turning to Starboard in violation of Collision Regulations,
he didn’t wake up to where he was heading & steer back to his original course of 284 or 286 degrees