Recapping of Judge Wylie’s Decisions on Appeal

Recapping of Judge Wylie’s Decisions on Appeal
1 : Matters of Fact.
P8 – Wind of about 5 kts East at 19.30am – that would move the ferry away from Classique thus reducing any tendency towards drift, yaw or meander which wouldn’t happen in such calm water – as Barry Young, purported Expert Witness, used to excuse the incremental turning of Seaway towards the path of Classique.
Drift is incorrect terminology for the course changing of the ferry – drift is a sideways movement parallel to an original course, not applicable in the absence of tide or appreciable wind but B Young believed the ferry to be a flat bottomed vessel whereas M Pigneguy informs the Court it is a catamaran hull which is even less likely to drift sideways at 15.5kts in calm water.
P10 – It is not physically possible for 2 series of blasts of a second each with an adequate interval between the 2 series to have been sounded in the 10 seconds available within 80 mtrs at 15.5kts.
The aerosol horn didn’t comply re audibility/frequency of Appendix 3. It wasn’t heard at Classique’s steering station. It was sounded too late – the mandatory requirement is “IMMEDIATELY” when the ferry had concern which was prior to Photo 1 – early enough not only to alert the other vessel but give it time with more than “a few seconds” to react.
Reference was made to the case of Monte Stello v Nemisis 2008 NZ in which the master of Monte Stello was reminded of the obligations under Maritime Rule 22.17 “for stand-on vessels to avoid collision & the need to take early action to avoid risk of collision & the need to use sound & or light signals in sufficient time for them to be made correctly”
P15 – Judge Wylie wrongly accepts the actions of the ferry as in the claim made by M Pigneguy who said he “began his actions at 80 mtrs off Classique – 1st by sounding his 2 series of signals, then he decided to slow down when he saw no change in Classique’s course”.
It is impossible for the ferry to sound the above signals, wait for Classique to respond & then decide to slow down in the 10 second’s time available. Classique saw no slowing of the ferry at all. Furthermore there was no mandatory sounding of a signal of 3 blasts to indicate astern propulsion.
The clearance observed from Classique was 50 to 80 mtrs & agreed by MNZ in interview as well as with staff in the Harbourmaster’s office. If it was as close as 10 or 20 mtrs, the ferry would be violating Collision Regulations which are designed to prevent close quarters happening – action required a nmile earlier – not at an unrealistic 80 mtrs. (Rule 22.8 – early enough)
P16 – Classique did not pass immediately in front of the ferry as Judge Wylie quoted from M Pigneguy’s evidence – the approach was oblique at an angle of aprox 25 deg. There was no dark smoke at all which was said by M Pigneguy to indicate Classique began to accelerate. Classique’s exhaust is only constant white steam over the grey colour of the dinghy being towed. There was nothing to indicate acceleration – also verified in a test soon after the incident by staff from the harbourmaster’s office.
P17 – The position M Pigneguy gave for the incident was not taken at the time but estimated later in the day – neither was the taking of it witnessed by P Sweetman who was specifically asked that question by Bolton during the hearing.
Errors in Judge Wylie’s decisions on Appeal continue …

This is clearly evident ?
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Judges Wylie & Davis can blame the prosecution for leading them astray ?

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