If it wasn’t for the zooming of M Pigneguy’s Photo 3, Classique wouldn’t have appeared as close.
Judge Davis Disregarded M Pigneguy’s Confused Evidence
Correction of Paragraphs 35 & 36 A & B from Judge Davis’s decision
written In Bolton’s preparation for Appeal …
Regarding Para 35 & 36 A & B : The photos taken of Classique at 80 & 1000 mtrs by Mr Bolton were necessitated when it was read in M Pigneyguy’s evidence before the trial that his “1st photo was at 1st horn blast” & “2nd Photo was at 2nd blast”
(a) In M Pigneyguy’s original Incident report he had stated his 1st series of blasts was at 80 mtrs but he had not stated the distance at which the 1st photo had been taken – consequently Maritime New Zealand, Barry Young & Bolton had all worked out it was at about 1000 mtrs & this was confirmed when
M Pigneyguy stated in cross-examination Page 30 line 31 & 32 “It’s probably more like half a nautical mile” distance away at the 1st photo. Further confusing in cross-examination Page 22 lines32-34, he says that the 1st blasts could’ve been at the taking of the 2nd photo.
(b) Consequently it should have been helpful to the Court to have the accuracy of distances verifiable – the mast height of Classique in the 1st photo taken by the ferry is equal to the mast of Classique in the one taken by Bolton (15mm) at 1000mtrs but in the photo of Classique taken at 80 mtrs the mast height is 1cm greater than the 3rd photo taken by the ferry indicating Classique was further away than 80 mtrs in that zoomed photo which was difficult to gauge, hence the various estimates from 20 to 50, at least 2 boat lengths or 80 mtrs.
Correction to Para 36 C & D follows …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess