Judge Wylie on Appeal accepts the Decision of Judge Davis

Judge Wylie on Appeal accepts the Decision of Judge Davis 
18 (a): Regarding the turning of Seaway towards the path of Classique he says “I do not accept Mr Bolton’s assertion. It is contrary to the available evidence – M Pigneguy denied that he had turned Seaway into Classique’s path – Mr Young estimated Seaway had turned aprox 2.4 degrees to starboard & considered that it was difficult for any vessel to steer & maintain an exact course & that a variation either way on the part of Seaway was an acceptable & natural variation which did not contravene the relevant requirements contained in the Maritime Rules. M Pigneguy gave evidence that it was almost impossible to hand steer a vessel with an accuracy of less than 1 degree & that there will be a variation of 2-3* either side of a vessels intended heading, even though it is being steered to that heading.”
Mr Bolton’s evidence has been entirely disregarded & without Mr Joy’s report as validation the misleading & erroneous evidence of B Young & M Pigneguy has just been repeated verbatim – that doesn’t seem to be sensible for a judge just to repeat false statements as if that’s to make them any truer. Of course M Pigneyguy would deny he turned but the photos prove that he did & B Young begrudgingly admitted Seaway turned within the distance covered between Photo 1 & 3 – he refused to include, for his own unprofessional reasons, the degrees turned before Photo 1. It’s misleading for both B Young & M Pigneguy to say the variation either way is acceptable because in this case the turning was all in the one direction towards Classique & if the highly controllable ferry can’t be steered straight in calm water by M Pigneguy, doubts must arise as to his competence.
It is without foundation for Judge Wylie to say that this “one directional” turning does not contravene the relevant Maritime Rules – (there’s specific instruction in the Rules to keep course & speed & not make small, incremental turns.)
(b): Judge Wylie also repeated a misleading half-quote Crown Law made from Bolton’s evidential interview with MNZ that Bolton is said to have thought Seaway maintained a straight course.
What Bolton actually said according to the transcripts is “I couldn’t detect a course change on his path, but all the time I was looking at him, I could see that he was going to go astern of me” Further on in the interview Bolton says “I couldn’t figure why he was still apparently coming after me … I can now tell you with absolute certainty that that is what he was doing, because I couldn’t figure out why he was apparently chasing me. Creating a situation when I was expecting there to be increasingly more distance for him to go astern of me, why on earth was he still apparently coming after me.”
That Bolton said he couldn’t detect Seaway’s course change is why Rule 22.8 is explicit in its mandatory requirement for “any alteration to be large enough to be readily apparent to the other vessel. A succession of small alterations of course or speed must be avoided”
(c): It seems improper that Judge Wylie would accept Seaway being on a 286* course & say that there was nothing in Sweetman’s evidence suggesting that Seaway turned to starboard from it’s course of 286*True.
M Pigneguy provided no evidence that he was on 286* & Sweetman in his evidence said he hadn’t checked the ferry’s course at any stage. Bolton’s evidence & shown on a chart, was that the course of 286* arrives at the white cliffs just ahead of Classique in Photo 1.Already Seaway was steering above 286* & North of the Sentinal building on 292*
More evidence was disregarded by Judge Wylie in the Appeal of Judge Davis’s decision

Photo 1 – a course of 286* goes to the white cliffs just ahead of Classique which is marked by the arrow.
The ferry is steering North of the Sentinal building on 292*

The Diagram drawn by Mr Joy showing the deviation of Seaway from a straight course

The reduction of clearance caused by Seaway’s elliptical course

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