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Follow on Google News | Incredulous Decisions lose Respect for Maritime NZ & NZ Justice SystemUnfair Justice is clearly evident in the prosecution of the wrong skipper implicated in the non-incident manufactured by M Pigneguy.
By: www.maritimenz.com Quickcat was a fast ferry enroute from Waiheke & Doctor Hook was a fishing charter boat which failed to see the ferry approaching until too late – it was run into seriously injuring the skipper & 6 passengers – 1 dying in hospital from injuries. Visibility was good with variable winds. Both vessels failed to keep a proper look out. Maritime Rules involved – Rule 22.5 Look-out. Rule 22.6 Safe speed Rule 22.7 Risk of collision Rule 22.13 Overtaking Rule 22.17 Action by stand-on vessel MTA 1994, sec65 Dangerous use Health & Safety in employment Act 1992 Conclusions – both failed to keep a proper look-out Quickcat being the overtaking vessel, failed to keep clear of Doctor Hook who failed to take action when the actions of Quickcat alone were insufficient. Both were prosecuted on charges under MTA 1994 sec 65. Quickcat pleaded Guilty, Dr Hook was found Not Guilty. Fullers who owned Quickcat were severely censured for not minimizing visual impairments obstructing the helmsman . This case with serious damage, injury & death compares with the irrational prosecution of a “No damage, No injury” incident, artificially created by M Pigneguy, resulting in Bolton's criminal conviction & the most punitive fine, in MNZ history for such an incident, of $4000 plus $1356 costs. See more at www.maritimenz.com End
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