M Pigneguy Rubbishes Professional Skipper Magazine
In his article written after the ill-gotten prosecution in which he & Barry Young had deliberately mislead Judge Davis on the interpretation of Maritime Collision Regulations, he copies the misconstrued concept Judge Davis came out with in his decision – this distorts what Bolton did say. M Pigneguy knows that Judge Davis didn’t get his facts right when he said –
“His 2nd ground for defence was that a local custom had developed an assumed, unspoken agreement between yacht & ferry skippers, whereby the Maritime Rules are put aside to navigate around each other in the harbour. This was why he expected Seaway to ignore the Maritime Rules & instead of standing on, as Rule 22.17 states, he maintained M Pigneguy should have altered course to port like all the other ferries do.”
For M Pigneguy to write this up in his article, not only brings Professional Skipper Magazine into disrepute as he’s intentionally reporting false information but it makes Judge Davis look unnecessarily inept even if he admits to having no Nautical knowledge.
Bolton had explained in Court & in correspondence to Maritime New Zealand/Crown Law in the months leading up to the Hearing, how navigators with familiarity & local knowledge of the Regular Runs of ferries are entitled to make risk assessment anticipating their future course from where they are at present. It is also incumbent upon the ferry to maintain its course & speed which is normally expected of it. The only way a ferry can excuse itself from what it would normally do, is to indicate its alternative intentions loudly, early & obviously enough to be recognized by the other vessel.
M Pigneguy failed in all respects as he concentrated on photography instead of keeping his course & speed. He steered incrementally towards the path of Classique in a direction opposite to usual. he had no complying ship’s whistle & he didn’t use his hand held aerosol hooter at the appropriate distances away – at 80 mtrs off instead 1 nmile away which is 1850 mtrs) – a double violation of Maritime Rules – audibility & application.
M Pigneguy was only interested, it appears, in distortion of facts for the entertainment of his readers.