Bolton’s 2nd Submission is Wiped by Judge Wylie
“That Seaway made a decision to create a risk of collision situation long before that situation arose & took Photographs in anticipation.”
M Pigneguy in his evidence at the hearing said “When I took the 1st photo …I thought we were going to pass very close. That’s the reason I started taking photographs”
(a) M Pigneguy describes his turning round Sth Motuihe, recognizing Classique, his interest in her & wondering whether she knows the ferry is there but he travels a further 1 & a half nmiles before taking a 1st photo, when he is half a nmile from Classique.
(b) By travelling over all this distance, M Pigneguy without signaling his doubt, he violates a mandatory Rule 22.34.4 which says “the vessel in doubt must IMMEDIATELY signal at least 5 blasts” – having only a handheld aerosol horn instead of a complying Ship’s whistle, is another violation & perhaps knowing it wouldn’t be heard at the required distance is a reason for its non use until 80 mtrs off.
(c) Quote from M Pigneguy in evidence – “I let you come close enough to where I could see there was a definite risk of collision, then I sounded my horn” 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 Pigneguy he states that “I frequently have my camera with me to record the actions of other vessels that have little or no understanding …”
(e) M Pigneguy is recorded as saying in evidence referring to taking photographs – “I took another photograph…” “We started taking photographs”
The reason there is validity to this submission is that the incident appears to be a close quarters situation artificially manufactured by M Pigneguy who has a chip on his shoulder re ignorant recreational boaters in general & carries a camera to record their lack of knowledge about Collision Regulations in the event a prosecution requires irrefutable evidence – that was his advice to readers of his article in Professional Skipper Magazine. Further more both M Pigneguy & Keith Ingram, the editor of that magazine in conjunction with Phillip Wardale, manager of Bayswater Marina have been pressuring MNZ since the 1990’s to prosecute Bolton for what they perceive as illegal chartering when Bolton organizes his Cost Share Crews for voyages both within NZ & offshore. M Pigneguy is the ex chairman of the Charter Yacht Association – knows Classique well & says its common knowledge on the water front what Bolton has been doing. Classique has been the raison d’etre for Professional Skipper Magazine’s “Roll of Dishonour, Net the Pirates” website since 2006 & Phillip Wardale trespassed Classique from using the Marina’s public dock in 2008, in violation of the Marina’s resource consent for boats on moorings outside, as he didn’t want to be seen by his charter boat berth holders to be assisting Classique – he was also annoyed that MNZ hadn’t prosecuted Bolton after all his notifying them re Bolton’s booking of space prior to voyages.
For Judge Wylie to glibly say “there is simply no evidence to support Bolton’s submission” when all this supporting evidence was aired at the hearing – is a further compounding of the travesty of Justice typical throughout this prosecution.
The Roll of Dishonour set up by Keith Ingram in Professional skipper Magazine
in 2006 with Classique as it’s raison d’etre & it remains there these days
even though there are no valid grounds for its retention.
Phillip Wardale, manager of Bayswater Marina trespassed Classique
from its public dock in 2006 in violation of the marina’s resource consent
for boats moored outside – he was annoyed about Bolton’s
Cost Share Crewing Concept & MNZ’s lack of prosecution.