Seaway Did’nt Stop – M Pigneyguy Deceives Judge Davis

Seaway Did Not Stop – M Pigneguy deliberately deceives Judge Davis.
After Bolton said he had acknowledged with a wave, Seaway’s safe passing,
M Pigneguy dishonestly intended to convey a false impression to the Court by saying … “Because we had stopped and let you through”
Bolton – “You were going past at a great rate, as far as we were concerned”
M Pigneguy – “Well stopped is not very fast at all, I have to say”
It’s absolutely wrong for this lie to be perpetrated by M Pigneguy to give the impression that Classique had created a situation which Seaway had to avoid by taking what Judge Davis was intended to believe was drastic action.
M Pigneguy had no evidence to back his untruth but Judge Davis was mislead.
Bolton asked – “If Classique was across your bows what prevented you from turning to port away from her?”
As if that question wasn’t understood the reply was –“At what time do you suggest I did that ?”
Bolton – “I’m suggesting if not before 80 mtrs (photo 2) at least at that point.”
Then M Pigneguy prevaricates again for the benefit of Judge Davis – “You’ll find if you read the rules of the road – “
Judge Davis interrupts by asking Bolton to find the rule that says it’s his obligation to turn.
At this point it’s fairly obvious how M Pigneguy had confused the simple issue in the mind of Judge Davis – If it hadn’t been his intention to create the situation in the 1st place, M Pigneguy would not have turned up from his course of 286 degrees & Classique would’ve been ahead of Seaway by Photo 1 with a kilometer between the vessels. Even with Seaway’s turning to 295* by photo 2, Classique was ahead of Seaway’s port bow & there was still 463 mtrs clearance.
It was completely dishonest for M Pigneguy to continue turning towards the path of Classique so that he could take Photo 3 after Classique had passed safely – these 3 photos were part of the education Phillip Sweetman was getting in how to take photographic evidence in preparation for a prosecution
So for Judge Davis’ benefit, it’s not as if Seaway had any obligation to turn but rather it was that Seaway had an obligation not to turn in the direction of Classique & once Classique was ahead, Seaway was violating Maritime Rule 22.17 by not keeping her course & speed which in this case could have been either a straight course or turning to port for Auckland following its Regular Run
M Pigneguy continues to mislead Judge Davis by saying he had maintained his course & speed until he had reached the point at 80 mtrs when the action of what he called the give-way vessel was insufficient, so he started slowing down.
Bolton reminded him that he couldn’t have slowed down, if he’d just started to sound his signals at 80mtrs.
His reply – “ You’d be amazed at what I can do. You’ve never seen me operate the vessel, so how would you know?” This ridiculously misses the point so Bolton adds – “Well you said you didn’t start to slow down until after you’d sounded the 2nd sequence of 5 blasts.”
M Pigneguy’s – “So?” is his typical navigational density & it gets into the stupid category when after he was told again that “he couldn’t have got that far”, M Pigneguy prevaricated – “ Can I say you were very lucky we did slow down otherwise your boat would be in pieces at the bottom of the Hauraki Gulf”
That is not recognized by Judge Davis as a clear admission by M Pigneguy to violating Rule 22.8 which requires avoidance of such crazy possibility by taking action positively & in ample time with due regard to the observance of good seafaring practice. This obligation is missed entirely by M Pigneguy.

To mislead with – artful talk – by being obscure & unclear
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