Points of Prosecution – malicious & unjustified
A review of some points which indicate the prosecution was pushed through unethically, disregarding the Facts in evidence that Bolton was not guilty.
1: The Claim made by M Pigneguy was not only impossible for him to have actioned in the time he had at 80 mtrs off but it was not checked for feasibility by MNZ. On face value, it’s a clear admission of violation of Maritime Rules by the Ferry.
2: Collusion between M Pigneguy & Phillip Sweetman in his falsely sworn & incorrect statement. At the end of the day M Pigneguy gave information for Phillip Sweetman to copy in preparation for Court evidence. The information was copied incorrectly which made a nonsense of navigational detail regarding location & observation. There was no validation of the ferry’s course or the location of incident – both are inaccurate.
3: There was vigilante type group pressure involving MNZ, K Ingram editor of Professional Skipper Magazine, P Wardale manager of Bayswater Marina & MPigneyguy contributing author to Professional Skipper Magazine & ex Charter boat Association chairman – all acting as self imposed crewing police
4: Blatant unwillingness to accept that Bolton was not guilty -evident from the outset & confirmed in the months prior to the Hearing to the extent that it should’ve been withdrawn & M Pigneguy prosecuted for his many Rule violations instead
5: Equally blatant unwillingness to acknowledge any fault on the part of Ferry – the combination of which was responsible for the incident manufacture by M Pigneguy for the purpose.
6: Employment by MNZ of “Hired Gun” Barry Young to mislead the Court on all of Bolton’s evidence as well as other navigational & interpretive matters.
7: MNZ & Crown Law misleading the Court with their presentations & reluctance to follow a Court direction
to resolve the issues early on & save Court time.
8: Imposition of the all time most extremely punitive fine as a “Public Interest” deterrent. The boating public has been deprived of a proper ruling on Collision Regulations & the fine with criminal conviction is hugely disproportionate for a no-contact, no-injury, unfounded incident.
9: Non notification & cover up re TAIC notification with the apparent aim of taking advantage of an inappropriate forum.
10: Incorrect & defamatory information published in Professional Skipper Magazine, MNZ Media Releases & NewsTalkZB broadcasts to further defame M Bolton.
11: Classique was an easily recognized craft to M Pignrguy, who had held a long term antagonism towards her crewing modus operandi. She was in a special circumstance situation with the shallows of Browns Light area & the turning point of the usual ferries on their regular run to consider – neither of which did Barry Young allow Judge Davis to regard as applying in the Rules
12: Bolton’s Risk Assessment denied by Barry Young, was completely exonerated by Julian Joy in his Report & by International authorities –
Farwell’s “Rules of the Nautical Road” &
Paul Bossier’s “Learn the Nautical Rules of the Road”
In particular was Bolton’s “Rule of Thumb” or “Line of Sight” method of assessing Risk of Collision, as it gives an exact & enhanced replication of a compass bearing to the other vessel as required in Maritime Rules, compared with the unreliable Relative Bearing method used by M Pigneguy
These Navigational Texts are available here …
Farwell : http://bit.ly/FarwellsRulesOfTheNauticalRoad
Bossier : http://bit.ly/NauticalRulesOfTheRoad