Points of Perjury by M Pigneguy which Mislead Judge Davis
M Pigneguy’s list …
1: Making out a claim which was impossible to have happened. 2: Stating Classique was seen at 30 degrees on Seaway’s port bow after Seaway rounded Sth Motuihe – it was about 5 degrees which indicates Classique would have crossed ahead of the ferry with 463 mtrs clearance if the ferry had kept a straight course.
3: That he maintained his course & speed – he is shown to have turned towards the path of Classique in the 3 photos.
4: That when Classqiue was 80 mtrs off, he sounded on “our ship’s whistle” – the ship’s whistle was not used as it was out of order, he used instead an inadequate handheld aerosol hooter.
5: That he sounded a further 5 blasts, then when he saw no response, he slowed right down to let Classique pass ahead – in reality he didn’t have time to have made more than the 1st 5 blasts. There was no time to wait for a response & then decide to slow down a 281 gross ton ferry going at 15.5 kts – it didn’t happen.
6: That “a cloud of Smoke was seen to have come out from Classique’s exhaust as it accelerated away” – M Pigneguy didn’t see either any smoke or any acceleration of Classique. She doesn’t smoke, there’s only constant transparent steam & the throttle wasn’t touched at all through-out the episode.
7: There were no further 5 blasts – Bolton heard an indecisive 2 weak toots as the aerosol was fumbled out the ferry’s window in haste whilst the ferry sped past as fast as would be expected.
8: That those sounds brought “a wave from the yacht’s female helmsperson who was the only person visible on deck” – there was no female helmsperson outside – Bolton himself was in the wheelhouse at the helm & controls. This statement is evidence that M Pigneguy was fixated on Classique’s crew as being objectionable to him, Keith Ingram & Phillip Wardale – he no doubt thought that with Bolton out of sight, he could make something of that perceived navigational negligence also.
9: Total ignorance by the helmsperson of the yacht Classique of the Rule of the Road & safety at sea – M Pigneguy refers to recreational boaters in that way as his reason for carrying a camera to record their perceived errors for Court evidence. Bolton is well qualified navigationally & commercially certificated. M Pigneguy not only got that concept wrong but demonstrated his woeful ignorance of Collision Regulations & his responsibility to manage his approach towards Classique.
10: Inconsistencies then crept in when M Pigneguy’s claim was shown to be impossible, he amended it before the hearing to “that the 1st series of blasts were at the 1st photo, 2nd series of blasts at the 2nd photo & 3rd series at the 3rd photo” & then during the hearing to “perhaps they were started at the 2nd photo position”. Which doesn’t help much because the aerosol hooter was inadaudible at that point anyway & certainly at the required distance of 1 nmile when they were to be started if there was any concern re Classique’s intentions.
11: During the hearing M Pigneguy stated emphatically many times that he “stopped the ferry”, “complete stop” – even “dead in the water”. He didn’t say that in his claim, just that he slowed which was neither possible in the time available to the ferry at 80 mtrs off nor observed at the time from Classique by its crew of 2. Judge Davis latched onto those untrue statements as gospel being mislead as to the nature of the incident.
12: M Pigneguy continues to deny that he turned towards the path of Classique even though the 3 Photos he took prove that he did & Barry Young begrudgingly admits that fact by half the amount within the 3 photos & wouldn’t consider the amount of turning prior to the 1st photo making a total of 11 degrees.
13: The drawing of the point of incident as 20*true X 0.25’ off Brown’s Light could also be regarded as perjury – he said it was taken at the time but then he was hanging the aerosol hooter out the wheel house window & Phillip Sweetman didn’t see him take that position but said it was information M Pigneguy gave him to copy at the end of the day for evidential purposes. Logically Classique had to be quite a bit further East considering she was travelling half as fast as the ferry which covered 2 nmiles as from Sth Motuihe in the same time.
14: His course of 286 degrees True is also untrue. That course would head to the white cliffs just ahead of Classique in photo 1 but in photo 1, the ferry is already steering a notch above the tall Sentinal building at 292* which he says was his mark & he then continues climbing above that to 297 degrees in photo 3. The course of 286* is not verified at all.
15: M Pigneguy was shown page 9 of the Coastguard Handbook & stated that the top picture described the approach of Seaway towards Classique – that was definitely not the case – it showed the conventional right angled approach of 2 vessels with 1 being a Stand-on & the other being a give-way vessel whereas in this case the ferry was approaching Classique at about 25 degrees such that if each maintained course & speed both would have passed safely clear of each other – no stand-on or give-way vessels & a crossing with no risk of collision.
16: His use of the Relative Bearing & saying that “if they aren’t changing much indicates that risk of collision exists” is untrue in this case as all it indicates is that he was not steering a straight course & was bringing the bearing up with him. He is not entitled to equate a Relative Bearing change with a compass bearing change which the relevant rules require.
M Pigneguy’s list of untrue & perjurous statements continues …