Instead of taking photographs, Seaway had kept its course, no risk of collision would've occurred
Submission of Ground 2 – Appealing Judge Davis’s Decision
Prepared by Appellant, M J Bolton (Skipper/Owner of Classique)
2: That Seaway made a decision to create a risk of collision situation long before that situation arose and took photographs in anticipation. Transcripts (Trans) Page 33 – “When I took the 1st photo…I thought we were going to pass very close. That’s the reason I started taking photographs”
(a) Trans Pages 11,12,13 M Pigneyguy describes his turning round Sth Motuihe, recognising Classique, his interest in her & wondering whether she knows the ferry is there but he travels a further one & a half nautical miles before taking a photograph, half a mile from Classique.
(b) By travelling over all this distance M Pigneyguy without signaling his doubt, he violates a mandatory Rule 22.34.4 “the vessel in doubt must immediately signal at least 5 blasts.” Refer SD  Para 32.d
(c) “I let you come close enough to where I could see there was a definite risk of collision, then I sounded my horn.” Quote from M Pigneyguy Trans Pages 33,34
Instead of concentrating on taking photographs as afore-said, if Seaway had kept its course, no risk of collision would have occurred.
(d) In the Addendum of M Pigneyguy he states that “I frequently have my camera with me to record the actions of other vessels that have little or no understanding…”
(e) Trans Pages 16,18, M Pigneyguy refers to taking photographs. Trans Page 19 – “I took another photograph…” Trans Page 26 – “we started taking photographs”
Note in addition to the above Submission …
M Pigneguy has revealed to the Court his complete ignorance of the Maritime Rules governing the responsibility of an approaching Vessel in a crossing situation. M Pigneguy has enunciated clearly his violation of them all but Judge Davis’s lack of understanding of Nautical matters is taken advantage of by M Pigneguy, encouraged to mislead by Maritime New Zealand Ian Howden & Crown Law Mark Davies.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess