Bismarck Dinius Case

Following our publishing last Friday of the story titled CRAP GOVERNMENT AND COURTS IN CALIFORNIA by Richard Spindler, Latitude 38, we were copied on the following email:

From: Gordon Smith
To: piu@doj.ca.gov
Cc: editor@sailingscuttlebutt.com
Subject: Bismarck Dinius Case
Date: Sat, 14 Jun 2008 02:20:03 +0200

Dear Sir,
I may be missing some critical and overwhelmingly important piece of information that the popular press has not been privy to or dared to print. However if the popular press is to be believed you are making yourself an ass.

(1) Power gives way to sail.
(2) No one competently in charge of a motor boat travels at speed at night
(3) If the sail boat was showing lights or not is a moot and unimportant point - any vessel at night is commonly charged with keeping a safe lookout for obstructions and failure to do so is contrary to the best practices of seamanship.
(4) Any vessel at sea has to bear in mind that it might have to avoid a vessel which is restricted in its ability to manoeuvre.
(5) Alcohol test or not, the rule of law at sea is for those in charge of a vessel “to believe the worst” and to keep watch and take avoiding action.

Whichever way you look at it your office is been driven down a one way street with Auntie Ridicule waiting at the end. Charge the idiot who was irresponsibly in charge of his vessel.

The whole situation is rather embarrassing for all concerned. Of course I may have misunderstood some important fact or rather unbelievable point of rather local and bizarre law.

I wish your political and legal career well. (On the face of it, it needs all the help it can get.)

Warmest Regards
Gordon