M Pigneguy made a decision to create a risk of collision situation long before that situation arose & took photographs in anticipation
Copy Of Grounds For Original Appeal – Fast Foiler Video
These are the Grounds for Appeal, dictated to Bolton by experienced sailor & Criminal Lawer Sir Peter Williams QC soon after his retirement brought about by the diagnosis of cancer which sadly curtailed his illustrious life back in June this year.
Copy of handwritten notes …
for Appeal of Prosecution Maritime New Zealand v. Mel Bolton,
1 : That the risk of collision was created by Seaway changing course i.e. turning towards Classique
2 : That if Seaway had not so changed its course as afore-said, no risk of collision would have occurred
3 : That Seaway (M Pigneguy) made a decision to create a risk of collision situation long before that situation arose & took photographs in anticipation of creating a risk of collision situation
4 : That instead of concentrating on taking photographs as afore-said, if Seaway had kept its course, no risk of collision would have occurred.
5 : That because Seaway on its own admission was traveling at over twice the speed of Classique, Seaway dictated the ultimate relationship between these 2 boats.
6 : That the learned Judge failed to appreciate the evidence provided by the appellant that established Seaway changed its course, thereby deliberately created the risk of collision situation
7 : That because of the superior speed of Seaway it was not for Classique to avoid the eventual close quarters situation created by Seaway’s superior speed & alteration of course.
8 : Seaway failed to audibly sound his horn but concentrated on his photography
9 : Seaway was not equipped with a “regulation horn”
10 : Seaway failed to provide instrumental recordings of his positions & relied on his own reckoning notwithstanding Seaway no doubt, being equipped with state of the art navigational equipment & AIS course information available up till 3 months later.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The modified Mod70 Edmond de Rothschild with L-foil and T-ruddered joy in her first-flight, Fast Foiler Video