Judge Davis Hopelessly Out Of His Field Of Expertise

His decisions were entirely based on the illusions Maritime New Zealand & their dishonest witnesses presented to him.

Judge Davis Hopelessly Out Of His Field Of Expertise
Correction of Paragraph 32 from Judge Davis’s decision
In Bolton’s preparation for Appeal …
Para 32 : (a) This was a valid & crucial determination of the real issue which reveals Seaway incrementally turned towards Classique in contravention of its obligations thereby reducing the safe clearance at passing from the 463 mtrs which existed if it had kept its course & speed – apart from the fact that its regular run would have had it turning away from Classique before reaching Classique, to round Browns Island from whence Classique had come prior to Seaway reaching Sth Motuihe – more than 2 nmiles distant.
These were 2 vessels approaching at 25 deg such that each should keep its course & speed to pass clear of each other…
(b) Therefore the answer should have been a unequivocal “NO” – Classique was not in a crossing situation such that she had to keep out of the way by turning to her starboard which would have been putting her as an impedance into the expected path of the ferry.
(c) The 3 photos supplied by Capt Pigneyguy quite clearly showed his contravention in turning incrementally towards Classique from 286T to 292T at the taking of the 1st photo, to 295T at the 2nd & 297t at the 3rd Photo when the onus was on Capt Pigneyguy to either keep his course to pass astern of Classique or round Browns Island on its regular run.
(d) For Judge Davis to assert that in his view the five inadequately audible blasts for the purposes of the Maritime Rules were neither here nor there, is to disregard their very necessary role in this situation – Rule 22.34.4 “the vessel in doubt must immediately indicate such doubt by sounding at least 5 short blasts” Rule 22.32 “each of 1 second’s duration” Rule 22.33.3 “complying with Appendix 3, (audibility & frequency)” Alternatively the ferry could have sounded according to Rule22.34.1b – 2 short blasts to mean “I am altering my course to Port” indicating a turn to round Browns Island.
(e) Rule 22.15 which the judge has regarded as primary does not apply, as the vessels were not crossing so as to involve risk of collision – but were to pass clear with the ferry astern of Classique who’s action was to keep out of the way by proceeding ahead, maintaining her course & speed & it did so.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Judge Davis didn’t have a clue as to what was before him.
His decisions were entirely based on the illusions Maritime New Zealand & their dishonest witnesses presented to him.
Old English saying that a gentleman is ‘In his cups’  Definition – If someone is in their cups, they are drunk.
Judge Davis Hopelessly Out Of His Field Of Expertise

Judge Davis Hopelessly Out Of His Field Of Expertise

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