Judge Davis was oblivious to Maritime New Zealand’s Elephant sized dishonest evidence in his Court.
Judge Davis’s Nautical Ignorance Gives Grounds to Appeal
Corrections are written for 2 Paragraphs from Judge Davis’s decision …
Para 25 : Capt Pigneyguy reported the situation created for his own reasons & MNZ failed to investigate impartially, without a full analysis of the photographs, with an expert purported to be independent but in their employ, whose biased evidence that Classique passed at 25 mtrs (not 18 – 30 mtrs) was based on a zoomed photograph – when other reliable evidence indicated at least 50 mtrs & even more than safe 80 mtrs clearance.
Para 26 : (a) I did not deny there was a “Crossing” situation nor that Maritime Rules did not apply – but I did say that it was a “Crossing without risk of Collision where if both vessels had kept their course & speed, each would have passed clear of each other”
& that Rule 22.15 did not apply in this situation.
(b) My view is that Mr Pigneyguy violated Rules 22.7; 22.8; 22.17; 22.33(b) appendix 3; 188.8.131.52; & 22.40 by improperly assessing risk, failing to keep his course & speed, failing to sound at the appropriate time adequate signals, thereby manufacturing an approach to appear at close quarters in violation of the ordinary practice of seafarers or the special circumstances of the case in a harbour situation involving a regular ferry run.
(c) The above is at variance with the view of the purported prosecution experts & witnesses who were not acting in a manner helpful to the Court.
Note in addition to the above corrections to Judge Davis’s paragraphs …
The way Maritime New Zealand accepted M Pigneguy’s claim without any checking of it for feasibility or acknowledging its revelation of his many violations was an unforgivable travesty of Justice.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess