M Pigneguy’s Maritime Collision Regulation violations were disregarded & hidden from Judge Davis
Judge Davis’s Distorted Facts Gives Grounds to Appeal
This Paragraph from Judge Davis’s decision is followed by correction ...
Para 24 : “Returning to the facts of the case …..”
These are authentic facts highlighted by Bolton preparing for Appeal –
(a) Seaway was only on a course of 286T prior to the taking of the 1st photo at which point it was at 292T & continued to turn a further 5 deg towards Classique
(b) Seaway did not have Classique bearing down on its port side – it was Seaway at an angle of 25 degrees, approaching Classique at twice Classique’s speed.
(c) Seaway did not sound 5 warning blasts as required by Maritime Rules which state they were to have been sounded as soon as Seaway had doubts about the situation which was perhaps at 1000 mtrs distant, not at the reported 80 mtrs position.
(d) Seaway did not have an adequate horn (complying with Rule 22. sec3. Appendix 3 – equipment, audibility & frequency to be heard in the wheelhouse, above ambient engine noise from a distance of 1 nm.) These blasts were not heard, nor were they sounded early enough for a response to be possible after an appropriate interval & Classique, rather than continuing to bear down on Seaway, continued to hold her course & speed having no indication from Seaway either audibly or visually that to do so was causing concern.
(e) It was not observed that Seaway slowed at all, neither was it necessary or feasible for Seaway to be halted for Classique to pass across the bows of Seaway, nor for Capt Pigneyguy to believe that by his action he prevented a collision. In fact if that was the case at the point of taking the photo at 80 mtrs Capt Pigneyguy violated Rule 22.8 Action to Avoid Collision – to be positive, substantial, in ample time, visually apparent, with due regard to the observance of good seafaring practice where an alteration of course would have been the most effective action.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
M Pigneguy’s multitude of Maritime Collision Regulation violations were disregarded & hidden from Judge Davis by Maritime New Zealand. The perjurious evidence of M Pigneguy & Barry Young kept Judge Davis in ignorance