Situation that developed into the Incident (J Joy Report)
Classique states that they maintained a course of 080*T & speed of about 7 kts throughout the time covered by the incident. Seaway states they maintained course 286*T & speed of 15.5 kts until slowing near photo 3 position.
There is no evidence in the photos that enables the speed question to be resolved, so I have considered this possibility to establish any effect on the incident.
Classique reported that Seaway turned incrementally to starboard thereby causing the close quarters situation & did not alter its speed.
The photos taken by Seaway are shown below as presented to Court & not modified by me in any way.
Photo 1 shows Classique about 5* on Seaway’s port bow.
I estimate that looking from Classique, Seaway is about 25* on Classique’s starboard bow.
In the MAR AI4 report, Seaway reported the yacht “aprox 30* on my port bow”. My investigation shows that at no time could Classique have been 30* on the port bow of Seaway which had a distance of 2.2 nmiles to travel from Motuihe Island to Browns Island position of photo 3 – this would take 8.5 minutes at 15.5 kts.
During this time of 8.5 mins Classique would travel about 1 nmile at 7kts. The maximum possible angle between them on their relative courses during this time is about 10* as shown in the diagram. This shows the approximate relative positions of the 2 vessels at the point when Seaway would be Sth of Motuihe Island, 2.2 nmiles from the position of the incident. The precise accuracy of these positions is not important in this part of the analysis, it is the indicative relative bearing between the vessels.
The relative positions of the 2 vessels after the ferry at Sth Motuihe.
Classique was 5* on the ferry’s port bow – not the 30* claimed by M Pigneyguy
(Before the ferry turned at Sth Motuihe, Classique was 30 deg on the ferry’s Starboard side)
Mr Pigneyguy’s evidence that “I observed a yacht under power at aprox 30* on our port side …” is therefore in error in this matter. Classique could not be 30* on his port side; 30* points south of Browns Island & into the Tamiki River, whereas Classique was West of & slightly North of Browns Island Beacon. Mr Pigneyguy in my opinion has either identified the wrong yacht or has been very loose in his judgement of angles.
It is also important to point out that the 2 vessels will have different aspects to each other; so in photo 1, Classique is about 5* on Seaway’s port bow & Seaway is about 25* on Classique’s starboard bow. It depends on the heading of the vessel at the time in the actual position; they could be in the same position & have different aspects.
This photo is close to being the closest point of approach (CPA). What the distance is, whether it is dangerous or not & what caused it, is not agreed by the parties involved.
The distance was investigated & considered by me as not being critical to the manoeuvring of the vessels according to any rules that apply. In my investigation, whether it was 25 mtrs or 80 mtrs or somewhere in between has no influence on the conclusions of the investigation – its important role is to fix the location of the 2 vessels