onetrack Posted November 13, 2024 Posted November 13, 2024 Maybe the legal grounds for a manslaughter charge simply weren't strong enough? - purely because it was an experimental aircraft, and the warning plate advising such, is there for all to see? But the bottom line is - he still has to face 6 serious aviation charges - and he has to live with the fact, he killed his mate. Not something I'd like to live with. 1
onetrack Posted May 27, 2025 Posted May 27, 2025 The saga of this crash continues, and the pilot still lives in a fantasy world, where you obey no laws and are answerable to no-one. But he's found out, that isn't quite the case. He fronted court today (Tuesday 27/05/2025) to face a committal hearing regarding 17 aviation charges against him, including operating and maintaining unregistered aircraft dating back to 2011, and failing to surrender his pilot's licence. But he continually interrupted the magistrate and the court proceedings, claiming that he had no charges to answer, as the aviation laws only applied to commercial pilots and aircraft, and not to him or experimental aircraft. When his arguments failed to convince the magistrate (and the fool was unrepresented in court), he walked out of the court, having failed to request extension of his bail. He was immediately re-arrested on the footpath out front of the court and returned to court, where his bail was was extended - and he was committed to stand trial on the 17 charges laid. He claims the Civil Aviation Act 1988 is unlawful, and the courts have no power over him, as he's a "sovereign citizen". I think he's going to find out that none of his arguments hold any water, and I think we can look to see him facing some serious penalties, maybe even some jail time. Not a single one of these so-called "sovereign citizens" has ever successfully argued their cases in any Australian court, that Australian laws don't apply to them. I'm surprised the relatives of the gent killed haven't sued him for his death, as it appears a pretty clear-cut case to me. And I'm surprised that the Police have failed to pursue this pilot for manslaughter. The simple fact that he failed to replace faulty seat belts and the passengers belt snapped in the crash, seems like a straightforward case of negligence, or failing to take due care, to me. https://www.abc.net.au/news/2025-05-27/ball-bay-crash-pilot-arrested-after-walking-out-of-court/105344884 1 1
Underwood Posted May 27, 2025 Posted May 27, 2025 What a prat (nicest way I can think of putting it) He was lucky to get a bail extension, walking out of court without being granted leave to do so is a clear indication that he is a flight risk (flight as in running away from justice) I would have remanded him and depending on if he had been previously warned possibly held him in contempt. 2
pmccarthy Posted May 27, 2025 Posted May 27, 2025 There are plenty of videos of sovereign citizens being arrested in the USA . They seem to have a serious mental defect coupled with a mania like members of a religious cult. 1 2
Blueadventures Posted May 29, 2025 Posted May 29, 2025 This is a comment by a close family friend, I hope the Justice system gets the outcome and penalty right with this matter. "This was my friends Grandfather killed, The family is absolutely beside themselves and more upset after how this is going". 1 1
turboplanner Posted May 30, 2025 Posted May 30, 2025 16 hours ago, Blueadventures said: This is a comment by a close family friend, I hope the Justice system gets the outcome and penalty right with this matter. "This was my friends Grandfather killed, The family is absolutely beside themselves and more upset after how this is going". If relatives have been traumatised they should contact one of the Public Liability Lawyers before the time runs out. 1
Jayeh Posted December 27, 2025 Posted December 27, 2025 On 30/05/2025 at 11:11 AM, turboplanner said: If relatives have been traumatised they should contact one of the Public Liability Lawyers before the time runs out. Is there a time limit on this? Also anyone know if this has had any further progress?
skippydiesel Posted December 27, 2025 Posted December 27, 2025 Having done a "speed" read of this conversation, I i have not found a reference to : Where the aircraft was kept - ie property belonging to the offending "pilot", public or private airfield, other. Culpability of those others who knew, or should have known, that neither the pilot or aircraft, met the minimum standards for flight. This comes down to the single question - how did this unlicensed pilot and his unregistered aircraft fly for so long, without coming to the notice of the relevant authorities? It seems to me that there may be other guilty parties in this matter😈 1
onetrack Posted December 28, 2025 Posted December 28, 2025 6 hours ago, Jayeh said: Is there a time limit on this? Also anyone know if this has had any further progress? As I understand it (and I'm not a lawyer, and I'm not giving legal advice), the time limit for personal injury claims is 3 years. The pilot involved in this case has been charged with 17 aviation offences, but he has failed to enter a plea. As I understand the position, he will return to court at some date in 2026 (that date has not been published - and that may be, because the court system moves dates around, as cases extend unexpectedly, or others fall over) - and at that court hearing, he will be asked how he pleads to the charges, so the case charges can proceed. As the pilot in question has a clear record of refusing to obey any laws, rules or regulations, or court-ordered instructions, it will be interesting to see how the charges proceed. If the pilot in question continues to avoid following court-ordered instructions, it's likely he will be jailed on that basis alone. In W.A., people claiming to be "sovereign citizens" and refusing to participate in our current law-enforcement system, have been jailed (for contempt of court), and will continue to be jailed, as judges become more fed up with these peoples attitudes - and the threat they pose to a civil and safe society, which we largely have, due to the extensive development of our legal frameworks over several hundred years. It's not just a few morons claiming that the countrys laws, rules and regulations don't apply to them - it's the fact that these people also actively continue to advertise and promote their false and dangerous ideas of legal non-compliance, and pseudo-legal arguments (which do not withstand scrutiny), and they encourage others to join them. https://www.abc.net.au/news/2025-06-23/sovereign-citizens-western-australia-jailed/105448650 1
onetrack Posted December 28, 2025 Posted December 28, 2025 3 hours ago, skippydiesel said: Having done a "speed" read of this conversation, I i have not found a reference to : Where the aircraft was kept - ie property belonging to the offending "pilot", public or private airfield, other. Culpability of those others who knew, or should have known, that neither the pilot or aircraft, met the minimum standards for flight. This comes down to the single question - how did this unlicensed pilot and his unregistered aircraft fly for so long, without coming to the notice of the relevant authorities? It seems to me that there may be other guilty parties in this matter😈 Good questions, Skippy. But CASA operatives can't be everywhere at once, the same as police can't be everywhere at once. As with most criminal activities, the authorities rely a lot of people advising them of bad things going on, that's where Crimestoppers comes in. Very few people realise just how important Crimestoppers is, in the initiation of investigations into illegal and criminal behaviour. It seems obvious to me, that numerous people would have known this pilot was operating outside aviation regulations, and actively choosing to do so, and those "in the know", turned a blind eye. In the words of the Chief of the Army, Lieutenant-General David Morrison - "The standard you walk past, is the standard you accept". 1 1
facthunter Posted December 28, 2025 Posted December 28, 2025 ANY person who suspects an AIRCRAFT is being operated unsafely is required by Law to report it. Nev 1
KRviator Posted December 28, 2025 Posted December 28, 2025 2 hours ago, facthunter said: ANY person who suspects an AIRCRAFT is being operated unsafely is required by Law to report it. Nev Got a reference for that? Never heard of this 'law' before - and I've been in aviation in some capacity or another for a quarter century... 1 1
skippydiesel Posted December 28, 2025 Posted December 28, 2025 3 hours ago, onetrack said: Good questions, Skippy. But CASA operatives can't be everywhere at once, the same as police can't be everywhere at once. As with most criminal activities, the authorities rely a lot of people advising them of bad things going on, that's where Crimestoppers comes in. Very few people realise just how important Crimestoppers is, in the initiation of investigations into illegal and criminal behaviour. It seems obvious to me, that numerous people would have known this pilot was operating outside aviation regulations, and actively choosing to do so, and those "in the know", turned a blind eye. In the words of the Chief of the Army, Lieutenant-General David Morrison - "The standard you walk past, is the standard you accept". There is usually a flying instructor / CFI (GA and /or RAA) somewhere in the vicinity - I would have thought that someone flying illegally, over many years, would have come to their notice - where were they in all of this????😈 1
BurnieM Posted December 28, 2025 Posted December 28, 2025 4 hours ago, facthunter said: ANY person who suspects an AIRCRAFT is being operated unsafely is required by Law to report it. Nev But was he ? Or just unlicenced ? 1
facthunter Posted December 28, 2025 Posted December 28, 2025 Just unlicenced? Fair chance that's unsafe too. Hardly likely to be doing everything right/compliant If he doesn't bother to be Licenced.. Others sharing the sky deserve some assurance THEIR safety is NOT compromised. That's how the system works. Nev 1
onetrack Posted December 28, 2025 Posted December 28, 2025 (edited) There is no strict legal requirement requiring unsafe aircraft operation to be reported. However, it is a citizens sensible civic duty to arouse authorities to their need to take interest in aviation activities that are not compliant with aviation laws, rules and regulations. But it IS a legal requirement to report aviation crashes, and aviation incidents that are safety related, to the ATSB. The list of incidents affecting aircraft safety, that are classed as "Reportable", are defined clearly under the TSI regulations. https://www.casa.gov.au/rules/compliance-and-enforcement/reporting-unsafe-behaviour#Anonymousandconfidentialreporting https://www.atsb.gov.au/aviation-reporting-requirements https://www.legislation.gov.au/F2021L01248/2023-01-01/text Edited December 28, 2025 by onetrack 1
BrendAn Posted December 28, 2025 Posted December 28, 2025 Culpability of those others who knew, or should have known, that neither the pilot or aircraft, met the minimum standards for flight. I never hear anyone mention or ask about Another pilot or his aircraft. I was told people do this to avoid any culpability if something goes wrong. 1
skippydiesel Posted December 28, 2025 Posted December 28, 2025 1 hour ago, BrendAn said: Culpability of those others who knew, or should have known, that neither the pilot or aircraft, met the minimum standards for flight. I never hear anyone mention or ask about Another pilot or his aircraft. I was told people do this to avoid any culpability if something goes wrong. Wiered! The informal flying community, that I hope I am part of, would seem to be intersted in the welfare, flying exploits & challenges of its members. I doubt an unlicensed pilot would not be found out at some point. An unregistered aircraft may escape notice for a long time, as I know of no feedback system from RAA or CASA, that might bring such a situaton to my notice or anyone 😈 1
Blueadventures Posted December 28, 2025 Posted December 28, 2025 (edited) 7 minutes ago, skippydiesel said: Wiered! The informal flying community, that I hope I am part of, would seem to be intersted in the welfare, flying exploits & challenges of its members. I doubt an unlicensed pilot would not be found out at some point. An unregistered aircraft may escape notice for a long time, as I know of no feedback system from RAA or CASA, that might bring such a situaton to my notice or anyone 😈 There is an anonymous confidential reporting system. The warning placard to passengers on the VH SAAA aircraft is likely why the manslaughter was dropped. Edited December 28, 2025 by Blueadventures 2 1
onetrack Posted December 28, 2025 Posted December 28, 2025 Just to refresh peoples memories, here is the link to the ATSB crash investigation. The last paragraph is probably the important one. https://www.atsb.gov.au/publications/investigation_reports/2021/aair/ao-2021-054-1 1
JMLIS Posted December 28, 2025 Posted December 28, 2025 In 60 years of flying, apart from required reviews which un licensed pilots would not do, I have been asked for my license twice. Once was to get back to my aircraft at Perth airport before asic, and the other a helicopter ramp check at Lismore fuel bowser one Sunday some years ago. 1 3
skippydiesel Posted December 28, 2025 Posted December 28, 2025 35 minutes ago, JMLIS said: In 60 years of flying, apart from required reviews which un licensed pilots would not do, I have been asked for my license twice. Once was to get back to my aircraft at Perth airport before asic, and the other a helicopter ramp check at Lismore fuel bowser one Sunday some years ago. By "reviews" you mean BFR's ? If so, you have verified & validated your license every two years. An active, unregistered/lapsed license holder, should be obvious, to at least instructor's/CFI's, as it would eventually become known that they were not being assessed at the BFR intervals. The above may take a while - 1-3 BFR's, say Max 6 years. It appears the pilot being discussed has been flying unregistered for something like 10+ years😈
facthunter Posted December 29, 2025 Posted December 29, 2025 You have Plenty of choice How , where and with whom you do a BFR. Nev 2
Blueadventures Posted December 29, 2025 Posted December 29, 2025 (edited) Maybe they should link BFR data with AvPlan, OzRunways and Skyecho flight info as that would allow watching what we do (eg anyone flying unlicensed etc) then follow up with maintenance checks of the aircraft.🙂🙃🤪 Edited December 29, 2025 by Blueadventures 1
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