Pilot probe over mystery landing

[DJ737]

This item from www.news.com.au

PAPUA New Guinea police are questioning an Australian pilot who landed a light aircraft at a disused airport near a rebel no-go zone and the huge and abandoned Panguna mine on Bougainville.

The PNG government today described the pilot's unauthorised actions on the troubled island as "stupid and risky" and said it raised safety and security concerns.
A spokeswomen for Australia's Department of Foreign Affairs and Trade (DFAT) today said a privately owned Australian aircraft landed at a decommissioned airport at the central Bougainville town of Aropa near the copper and gold mine.

She said the small plane was piloted by an Australian, with another Australian on board as well as a British national.

The Australian pilot is now in Port Moresby and is being interviewed by police, she said.

PNG's Inter-Government Relations Minister Sir Peter Barter said the landing raised serious safety and security concerns.

"As Aropa airport is currently not open for use, we are concerned at the safety implications," he said.

"We are also concerned to know why anyone would do something so stupid and risky as landing an aircraft at an airport which has been decommissioned for some time."

Sir Peter said the three foreigners had been seen heading towards the island's no-go zone around the former Panguna mine.

The huge open cut mine, once among the largest in the world, has been closed since the late 1980s when rebel leader Francis Ona declared a secessionist war against its operators and the PNG government.

Ona still occupies the area and has refused to allow people in without his authorisation.

Sir Peter said PNG authorities want to know why the foreigners "have chosen to arrive in such a strange and potentially dangerous way."

"What is it that causes them to risk an illegal landing and then travel secretly into the no-go zone?" Sir Peter asked.

Australian law enforcement officials in PNG were today discussing the illegal landing with their PNG counterparts, the DFAT spokeswoman said.

The Australian-registered aircraft had been grounded in the northern PNG city of Rabaul and would stay there until further investigations have been completed, she said.

Eight Australian Federal Police officers arrived in Bougainville last month as part of the A$900 million Enhanced Co-operation Program to restore law and order to PNG.

About 210 Australian police and 64 public officials are expected to be in place at crime centres around the country by March 2005.

DJ737

The Roo Rooter :E :ok:

[troppo]

maybe it's SafariSuit on his trip of a lifetime...:ok:

[the wizard of auz]

:} Bwaahahahahaha, I was thinking the exact same thing. :E ;)

[Uncle Aunty]

Could this be the same mysterious VH-reg Citation seen buzzing around Buka & Rabaul early last month? Hope this driver knows what he's been involved with.

[Chimbu chuckles]

'Crime centers around the country'...nicely put!

[itchybum]

the central Bougainville town of Aropa Maybe he mis-read the chart and thought he was landing at Aopa.....

Sorry.......... :(

[Uncle Aunty]

Hmmm, it's all starting to make more sense...

Updates from ABC (http://www.abc.net.au/ra/newstories/RANewsStories_1213892.htm) and Post-Courier (http://www.postcourier.com.pg/20041006/news01.htm)....:ooh:

[the wizard of auz]

It appears he was driving a C550 and a lear at the same time. Hope he is rated on both. ;)
the rego checks out as a C550, so one of the articles is nearly correct re the aircraft details, the just stuffed it by calling it a lear.
how hard is it to look at the rego register to give ones story some type of credit. :hmm:

[Uncle Aunty]

Post-Courier has a photo of the C550 on the front page but not online.

[AT502]

UUUUUMMMMMMM MAAAAHHHHH !!! Busted, naughty boys!

What's the latest in this little mystery??? Can't find much more info from my little part of the world.

ST:cool:

[OzExpat]

Could this be the same mysterious VH-reg Citation seen buzzing around Buka & Rabaul early last month?

Yes, Uncle Aunty, one and the same.

[Uncle Aunty]

Just for you, Super Trouper...

- Same mystery C550 confirmed flying very low over Buka on 2/9, but it didn't land .. hmmmm?

- Talk is that the arrival in Aropa on 30/9 was very quiet. Very quiet indeed. Locals only heard the plane as it made its departure.

- Also hearing some of Aropa's nearby neighbours aren't too happy with what's been going on. (expect they'd like some landing fees?)

- PNG CAA not exactly rushing to grant clearance for the C550 to wing its way back to Australia.

and

- Rumours of Australian "royalty" on board the mystery flight.

- PNG police still want to speak to an Australian man and a British man seen leaving the plane at Aropa & heading into the no-go zone around Panguna.

[AT502]

UH HA! I'll put down my spy thriller and start following this one, as it could be more interesting!

What business could one be up to in Aropa?

The "royalty" bit has got me stuffed?

Thanks Uncle Aunty,

ST

[Uncle Aunty]

ST,

a browse around here (http://www.empireofmogilno.com) might be worth your while.

Cheers,
Your favourite relative

[AT502]

Wow Wee, Boy Oh Boy. What can I say?????? I just looked at the link and I am now needing to go and get a glass of red and sit and have a close read of this cr*p!

Things are getting more interesting than the Womans Day.

Thanks Uncle!

ST

OK, have just read what HRH has to say. I still don\'t see the connection to Aropa?

Is his \'utopia\' that wealthy it can afford a C550?

ST:confused:

[Uncle Aunty]

Have heard that one of the guys the PNG cops want to talk to claims to be a 'prince' and I gather he's got something to do with that site.

There's also some talk that there might have been a second small foreign plane around Tokua (Rabaul) last week - but not a VH-rego'd one........ :hmm:

OzExpat.. heard anything about this one?

[steamchicken]

"Right-Wing Wing Nut Wings In to Aropa"? I though this sort of "let's declare my back garden a tax haven! Hey, we could let you join too*" stuff went out in about 1989!


* for a suitable fee

[OzExpat]

No Uncle, I haven't heard any of that yet. I happily passed the buck to another bloke in the office and, now that its all become sooooo political, I'm glad to be out of it. I met the pilot quite some time ago and, though I don't know him well, was surprised that he was involved in this mess.

Yes steamchicken, I reckon that's right. Bougainville is not a place for playing silly buggas.

[compressor stall]

A rather dubious and irrational basis for founding a principality...
General McArthur said, He could now claim all the area North of the line for the United States as the 53 State, but because Australia was an ally, he would not do so, thus the lands and islands were abandoned by the conqueror.

NO OFFICIAL POSSESSION EVER TOOK PLACE AGAIN IN COMPLIANCE OF STANDARD PRACTICE OF TAKING POSSESSION OF AN AREA

[steamchicken]

The English is pretty odd too. Do they still have rebels in Bougainville? EDIT: Just followed the links, stupid question clearly (bears in woods, Pope a Catholic etc).

I think the reference to a "money scheme" in one of those reports is probably the truth.

[OzExpat]

You're only barely scratching the surface steamchicken. There's more to be revealed from this incident so stay tuned and be prepared to be amazed! :eek:

[AT502]

How come there is not much about this in the papers????

Super :confused: Trouper

[Uncle Aunty]

PNG government types have started referring to the grounded C550 as the new 'Kumul' .... and I'm not entirely sure they're joking... :ooh:

[Pinky the pilot]

Wot; no 'compensation' claims yet already??:rolleyes:
Ahh PNG; the land of the unexpected!

You only live twice. Once when
you're born. Once when
you've looked death in the face.

[steamchicken]

Registrant:
Empire of Mogilno
P.O.Box 1197
Oxenford, Queensland 4210
AU

Domain name: EMPIREOFMOGILNO.COM

Administrative Contact:
O'Keefe, Simon [email protected]
P.O.Box 1197
Oxenford, Queensland 4210
AU
61 421457809
Technical Contact:
O'Keefe, Simon [email protected]
P.O.Box 1197
Oxenford, Queensland 4210
AU
61 421457809


Registrar of Record: TUCOWS, INC.
Record last updated on 14-Nov-2003.
Record expires on 19-Nov-2004.
Record created on 19-Nov-2002.

Domain servers in listed order:
LAUNCH.SERVER101.COM 216.218.196.178
LAUNCH2.SERVER101.COM 216.218.196.181


Domain status:
ACTIVE

Anybody know him? Or just the server geek?

Having read it up, I'm a little astonished just how far behind the weird curve I was. But I bet even you weren't expecting this! (http://www.campaignmoney.com/political/contributions/michigan_grosse_pointe_48230.asp) Seems this "Majestic Capital" gives money to the Shrub.

[OzExpat]

Yes Uncle, I believe that the, errrm "joke" began circulating around the halls of power late last week. :uhoh:

[AT502]

Come on, don't keep us in the dark Oz and Uncle, what going on with this little mystery?

Cheers,

ST

[OzExpat]

The truth will come out in the fullness of time ST. Right now it seems that both the owner and the pilot have been charged with several offences under different Acts. The C550 is still in Tokua but there's a plan to ferry it to Cairns - undoubtedly via Port Moresby for the well known official "inspection". :}

Last I heard, Police and Customs were still looking for 3 people who were allegedly seen to disembark from the aircraft at Kieta and head toward Panguna Mine. It appears that even the Dept. of Foreign Affairs is interested in them. :uhoh:

[Uncle Aunty]

It's off to court today I think.

The company that owns the plane is challenging the CAA's order that grounded the plane. And CAA has laid charges against the pilots and the company, according to the Post-Courier (keeping in mind they are convinced it's a Lear Jet).

Charges reportedly include "operating an aircraft in a careless manner", and "causing or permitting an aircraft to be used in a manner that caused unnecessary danger to persons/property".

The charges are against the pilot, the co-pilot/owner and the company that owns the plane.

The paper also says there is some issue with bringing the plane back to Moresby from Tokua, something to do with needing an Aussie to pilot it? Think I'll leave that one for OzExpat to deal with...;)

The stories should appear here (http://www.postcourier.com.pg) later this morning. Actually, the direct link is here (http://www.postcourier.com.pg/20041013/news05.htm)

(...edited to include new link)

[OzExpat]

Yes Uncle, it's an Oz-reg machine so requires someone with an Oz licence, or appropriate validation, plus C550 endorsement. There's a bloke at APNG who meets all those requirements and he's been approached to do the job, but I doubt that APNG would fancy having any connection - no matter how peripheral - with this situation.

[Uncle Aunty]

The Post Courier's latest installment can be found here (http://www.postcourier.com.pg/20041015/news06.htm). Hold on to your wallets!! :E

[Deaf]

Two more held over PNG mystery flight

http://www.abc.net.au/news/newsitems/200410/s1223101.htm

and a court appearance tomorrow

[OzExpat]

Well, admittedly, I haven't been following this as closely as I had been but, the last I knew about the 2 people in that report was that they weren't on the Citation. The story I got was that they'd arrived legitimately in Port Moresby and travelled to Buka on a domestic F28 service (ie again a legitimate form of travel).

From there, they went by boat to Bougainville and, allegedly, entered the "No Go" area on the pretext of installing or repairing satellite TV dishes. Well, something like that anyway...

[Uncle Aunty]

Ah yes .. but reading that article I find myself recalling steamchicken's post from the other day ...

Domain name: EMPIREOFMOGILNO.COM

Administrative Contact:
O'Keefe, Simon


:ooh: :confused: :eek:

[OzExpat]

Yes Uncle, absolutely. All I was trying to say (in a rather clumsy way) was that the article seemed, to me, to be confusing these two blokes with the two who allegedly disembarked from the Citation. Just as an amusing aside, this morning's National newspaper referred to the aircraft as a Cessna Citation Lear Jet! :}

[AT502]

Anyone know how this mystery ended? Or is it still going????

Cheers,

Troup

[OzExpat]

The aircraft is now parked on the apron at the International Terminal. Seems that it was flown from Tokua by the two alleged offenders.

[Uncle Aunty]

'Twas in the papers the other day that the court case on the alleged air safety breaches is back on next week Thursday (18th).

Guess the financially starve-em policy is in full operation as it must have been nearly six weeks by now since this all started? That must be a bit tough on the finances. (or maybe the Empire is picking up the tab for all this?)

That said, it seems the Empire (http://empireofmogilno.com) has moved. Couldn't get the link to work this evening... where am I going to get my tax advice now????? :{

[Kiaruku Kid]

The aircraft was positioned from Tokua to Jackson by the incident Captain and a F/O from another company. Apparently pilots nominated by the PNG CAA were not correctly endorsed on type and could not fly the aircraft additionally an insurance waiver could not be afforded. Therefore assisting the CAA with the court instruction in his own prosecution the Captain offered his services and this was accepted accpetable by the CAA.

The aircraft was inspected by the CAA FSR department and accordingly is fine to go however, the lawyers acting for the CAA refuse to release the aircraft. It is held under Section 57 of the PNG CA Act 2000.

The aircraft remains at the SE corner of the international apron parked out of the way with the DQFs and trolleys. The airworthiness status is unknown, however we are led to believe that schedule maintenance is now overdue. It may be here for a long time yet.

The trial is scheduled for Thursday 18 Nov in the grade 5 magistrates court. Pilots in command be wary of what precidents may come out of this case - we are all watching carefully.

[Kiaruku Kid]

The director of the PNG CAA has as the first witness for the prosecution stated that Kieta aerodrome was decommissioned in 1996 but has failed to produce a NOTAM or any public document stating such.

References in the PNG AIP dated as recently as 10 Aug 2004 provide reference to Kieta including location of the aerodrome. Weather information from the CAA National Weather Service for Kieta is available daily. Recently approved company operations manuals for various PNG companies provide operating procedures and performance charts for Kieta.

A document produced by the proseuction as evidence shows a list of flights conducted i at Kieta in the past 2 years this includes nearly all PNG operators except for Air Niugini. When asked the Director states that he considers these operations are all unsafe. When pressed why no action had been taken in theses cases he stated that he was only aware of the list yesterday (Wed 17th)and he had only been in the job for 13 months and did not know.

A photograph of the aerodrome apparently taken by the defendent prior to landing shows a useable airstrip and one that does not contained unserviceability markings as required by the PNG AIP. The director could not explain why this action had not been completed.

The director stated that all operations at Kieta were of military in nature and not controlled in any way by the PNG CAA - pity that PNG civilian operators and the military air force of a foreign government are involved.

The cross examination of the director continues Thurs 25th Nov.

[Kiaruku Kid]

The case deepens - the Director of the CAA is now finished and a senior flying operations inspector took the stand today. The information he provided was in direct contravention of that given by the CAA Director.

The airspace surrounding Bougainville is OCTA below FL245 - the director stated it was CTA

Traffic information os provided by HF network which is not a reliable as the Director made out.

He could not comment on the aerodrome as he has never been to Kieta.

He explained simply to the court the procedures for VFR and IFR flight and the conduct of traffic seperation OCTA and in the region in question.

He was unaware of any military activities by way of flights on Bougainville over the past 10 years

He was unaware that PNG civilian operators had used the aerodrome as many as 7 times in the past 24 months.

He could not provide any information on where these operators would have found data either on the aerodrome or any action that had been taken on these operators.

He was surprised that PNG Operators contained data about Kieta in the CAA approved operations manuals.

He stated there is no requirement for any ground aids to be displayed at an aerodrome (or peice of dirt looking like an airfield) to adequate display its serviceability or conditions.

He stated the aerdrome must be inspected by an inspector prior to every day use for the purposes of issuing a licence.

The prosecution then declared that another witness an aerodrome specialist is to be called to give evidence.

The case has the extrememly unusual preecedent of being heard on a saturday - in PNG (simply unheard of). It demonstrates the importance in this case being finalised ASAP.

We await some more gripping findings.


Clarification please: Is the case about Kieta airstrip, south of Kieta and previously used by Air Niugini; or Aropa airstrip north west of Kieta in Anewa Bay and previously used by Bougair?

Woomera

[Chimbu chuckles]

I see PNG DCA has, as usual, it's finger firmly on the pulse of PNG aviation.:rolleyes:

[OzExpat]

W... Aropa airport at Kieta is the one that used to be the Bougair base. You're showing yer age a bit though mate :D because it was used by Air Niugini (F28 and Dash-7) for many years prior to that eventful day in 1989.

It begins to look like I'm the only one in the Branch who's been to Kieta. That's probably why I won't have to make a court appearance. :} Undoubtedly, nobody wants to know that there were times when people on the ground would point rifles at aeroplanes... and squeeze the trigger. :mad:



Ozexpat. Now I'm getting confused! :confused: There are two airstrips near Kieta - the main sealed air strip used by PX to the south east; and a short grass strip (around 800 meters?) near Arawa and the turn off to Panguna, to the north west of Kieta.

I can't imagine a C550 getting into the grass strip. Which airstrip did it allegedly land at?

Woomera

[Animalclub]

Air Sankamap used to operate into the non sealed airstrip - Arawa? - (it had a tank made out of a 'dozer at the end of the strip - incidentaly made by a Kiwi, so I'm lead to believe) about 1998. I don't think a small jet would fit... I'm not a pilot.

There were plenty of military operations - both fixed wing and rotary - around Kieta strip by the Australian Defence (Peacekeeping) Forces during that time.

[Uncle Aunty]

Kiaruku Kid, any updates? You seem to have a lot more on this than the papers have been running lately...

[OzExpat]

No, W, definitely not the Arawa airstrip. The following photos aren't very good - I must've jolted the camera at the last possible moment - but they'll give you a good idea of what Aropa Aerodrome at Kieta looked like in about 1988.

The overhead view :
http://www.fototime.com/FB518A337972ABE/standard.jpg

And the view on final to RWY 32 :
http://www.fototime.com/DB74DD5AC988F64/standard.jpg

Hope this helps you.

[Kiaruku Kid]

The alleged crime involves the landing at the Kieta AYKT aerodrome. The one that is mentioned in the Civil Aviation Act of 2000 as an aerodrome in the province, listed on the current ADCOM, denoted as a major port on the cover the of current AIP RNC and mentioned specifically in the PNG AIP RAC section 10.

But the prosecution case is that as it is not listed as a licensed aerodrome in the AIP/AGA it is not an aerodrome. Therefore there is no requirement for the operators (CAA) to display unserviceability markers, or any NOTAM information.

I am trying to get the photograph of the airstrip submitted by the defence in the case - when I do I will post it. Quite a clever act in hindsight perhaps.

The prosecution also produced a letter from the Dept of Transport of seven other civillian aircraft movements over the past two years from Kieta - naturally no action was taken againt those companies or pilots. There are questions over whether the pilot in command made any radio communications to ascertain his location, however I think all concerned with PNG would find it no surprise that the CAA is claiming none were ever received.

A no case to answer submission was made by the defence lawyers and is awaiting a ruling from the grade 5 majistrate. There are technical errors in the initial charges let alone deficiencies in the manner in which each of the summary of facts have been given.

The prosecution stated that as all aircraft are dangerous 'because of people being in a small confined space with explosions occurring outside, in combustions chamers means that any variation form any rule is more dangerous' obvoiusly a well researched man. Combined with another statement that simply 'climbing higher permits better HF communications' definately display a very competent understanding in the whole case.

From the outside observer it is starting to show that the aviation act is being hijacked by some government official in order to gain a conviction for an act which is nothing to do with aviation. The government is embarrased that people can legally fly into the country, then take people inside the country to a place that is considered 'sensitive' but not restricted then fly out again.

There are sinisiter forces at work here:E :\ any guess who is pulling the CAA directors strings ?

I am told the prosecution case has failed to establish form any first hand witnesses any information on how the flight was conducted. I.e the inverted pass down the runway with a low level stall turn has not been verified by anybody.

The aerodrome inspector bought to provide evidence of the airport was last at KIA (pre 2000 abbrveiation) in the late 1980\'s so he could not comment on the present condition.

The police man who interviewed the co pilot was in Buka at the time and has no information at all regarding the conduct of the flight.

This appears to be a test case for the CAA as the parts of the act being used for charges are CA Act 277 and CA Act 278 the first is the careless operation of an aircraft and the second operation of an aircraft causing danger to persons or property. An informed person would probably inspect the aerodrome soon after the event, perhaps bring the on duty flight service officer in as a witness. However, the prosecution case is on second and third hand information and relys heavily of the sensationalism made in the media before the trial commenced.

The outsome of this case will have serious ramifications for all operators and pilots in PNG.

On a technical note I have a bad copy of the AYKT aerodrome but don\'t know how to post it (help someone - please):confused:

[OzExpat]

KK... If it's in a format other than Bitmap, e-mail it to me and I'll upload it to my FotoTime site and post the URL for you.

Oops... editted to add my e-mail address ([email protected])

[Kiaruku Kid]

It would seem the majistrate does not know the difference between a licenced, unlicenced and closed aerodrome.

The no case to answer has been overturned and the trial is to continue. It was surprising to see that no witnesses for the defence are to be called - the trial will enter the final day tomorrow that is the prosecution and defence to finalise the case.

The fact that the court believes there is a case to answer does not mean a conviction will be definite - the court has to ensure that it makes the correct decision otherwise the next court up will have a field day if appeal is to be made.

The prosecution case is shaky - however the prosecution lawyer is openly upset about not having any chance to strengthen his case through cross examination. Perhaps this is the defence ploy ??:bored:

The trial has become one of the longest ever played out at grade 5 majistrates circuit in Waigani. As was expected the 'starvation' policy is fully at work - those sinister forces:oh:

I see the aircraft in question is still being held by the CAA - despite it not being used as evidence for the case. Perhaps this is what the government have their eyes on. Perhaps the nature of the business in Bougainville.

One thing for sure it looks like an experienced PNG pilot is about to be no more. I am told though he is not going down without a fight perhaps there is more to follow.

[OzExpat]

And it's a HUGE court isn't it KK! :} By the time the lawyers and their parties are there, plus the media... I've seen bigger postage stamps! :D

Anyway, here's the photo that KK wanted to post...

http://www.fototime.com/590725C51A9A94C/standard.jpg

For those who may not know, this is looking south-east, with the threshold of RWY 14 closest. This is a much better photo than either of mine, but I promise not to ask how he got into THAT position for it... :O

I see that the runway and the apron are still as clearly defined as ever but am wondering about the taxyway to the apron! :} I can see it there, but... :eek:

And I don't see any other facilities around the apron so it seems that nothing has been done about the destruction of the terminal or refuelling facilities... :sad:

Ples balus nating... :}

It just occurred to me that I probably should've cropped it to remove the date. :E

[Chimbu chuckles]

Who is the 'experienced PNG pilot'....if he's defending himself in public court then his name is public record....just not where I'm at...if he's THAT expereinced then I almost certainly know him...PM me if that's better for you.

[steamchicken]

I suppose it was because of "the situation" they changed the TLA from KIA? Doesn't project the right image...

[Woomera]

Remember it well. Interesting - the terminal and Bougair hangar completely gone.

From the original press reports I thought the airstrip being referred to was the shorter, unsealed Aropa strip - which would be an interesting adventure in a C550!

Interesting date......... :E

[OzExpat]

Yes Chuck, you probably DO know him. He's been around for quite a while.

W... this IS the airport that's locally known as Aropa.

[airstairs]

Oz,

I reckon the airstrip W is referring to might be Arawa. :confused:



Correct! :ok:

Senile decay! :{

Woomera

[Kiaruku Kid]

Ozexpat - I am sending you some additional pictorials we may be interested in. It took a while but I finally received them yesterday my source is somewhat cautious to say nonetheless.

The aerodrome information contained in the ADF AIS publication is provided by the CAA under the terms of a foreign military power operating into the PNG state. They are required to abide by the Civil Aviation Act as stated in Section 4. Hence this document has the place well and truly mentioned.

Surely reliance on the PNG/AIP alone for operational information could be considered dangerous given the quality or lack thereof of the document and control resources available to the CAA.

In no less than 3 places in the current AIP is there a reference to Kieta - the ADCOM, Major airports on the cover of the RNC, Section RAC 10.4.2.8 specifically - delaing with radio communications at Kieta.

Perhaps the instructions to remove it from the documents was not done so carefully when the instruction came out - hey Ozexpat.

The aerodrome in question appears in at least two present companies operations manual approved under the CAR 119 process (very recently !!). Even the fact that 7 civilian operators have flown there by the Dept of Transports own correspondence. We are all very aware there is no action against them for danger or careless operation.

The questions will arise - if it is considered by a court that it is an offence to operate from an unlicensed aerodrome - then all unlicenced aerodromes under CAR 139.5 must be deemed unserviceable. This would put over 300 airstrips in the country into a categories of doubt - let alone pilots openly flying to them. Has this aspect been tought about by the CAA powers that be ? close all PNG ports because the aerodrome operating certificates have not been issued.

Some advice had better be sought on this issue prior to operating any aircraft in PNG - because those sinister forces could be lurking in the shadows for anybody with the crosshairs trained on them.:ugh:

[grrowler]

KK, I don't know what's going on up there but just a thing on the unlicensed aerodrome. Is it listed as licensed or unlicensed? If unlicensed, I believed "information is subject to change without prior notice. Pilots and operators must contact the airport operator directly to ensure currency and accuracy of airport information." Was this done?
If this was "a very experienced PNG pilot", would he not be aware of the local situation before he landed?
Good luck anyway to the pilot involved.

[Kiaruku Kid]

Magistrate Ivo Cappo found the defendents guilty on all counts. This is that the Pilots, and the alleged owner of the aircraft by landing on the decommssioned aerodrome at Kieta have breeched act # 277 & 278 (carelss & dangerous).

It will probably be appealed so real judges can have a look at the decision - round one to the CAA

More to follow - stop:}

[Kiaruku Kid]

Grade 5 court Magistrate Ivo Cappo handed down the following sentence in the matter today 10th December at 1147 am:

On the matter of Section 277 (careless operation) Tasman Australia Airlines was convicted and fined PGK 150 000

On the matter of Section 278 (Dangerous use) Tasman Australia Airlines was convicted and fined PGK 100 000

On the matter of Section 277 (careless operation) Mr McGee and Mr Reid were not convicted.

On the matter of Section 278 (Dangerous use) Mr McGee was convicted and fined PGK 30 000 and Mr Reid convicted and fines PGK 50 000. These fines were to be paid in full by 1600 hrs on 10th December or default would lead to arrest and detention at the Bomana Correctional Institute with forced hard labour for 12 months.

Additionally, Mr. McGee's (Commander) PNG Licence has been revoked for a period of 12 months.

This is a total of PGK 330 000

Furthermore the aircraft VH-WNZ is not permitted to leave the custody of the PNG CAA until the matter of costs under Section 306 have been determined or the 'commercial gain' under section 279 has been established - there is still the matter of what business activities took place in Bougainville.

An appeal has been lodged and a stay in place whilst the appeal process is heard. This is set for mentioning in court with specific conditions on Tuesday 14th Dec 04.

May I suggest closure of this thread as a new thread called (perhaps:E ) the 'House of cards' is more appropriate.

[OzExpat]

I really think that this thread should stay open because the story of the appeal is related to the original "alleged transgressions". If another thread is to be opened with the suggested title, it might not be immediately obvious to all those who have a vested interest in the topic. And mate, after all, isn't it true that there's no way that new evidence can be introduced in the appeal? :D

I'm bloody amazed that the appeal will be held so quickly, but that's surely another reason to keep this topic going? I've not been to the appeal court yet and it is now certain that I won't be called, so we all need your continued input here, Mr. Court Reporter! :ok:

I'm going to try to take "morning tea" at Boroko Foodworld on Monday (with a mutual mate who recently got a jet rating), so I hope to see you there mate... around 10:30 hours (local, o' course!). :ok:

[Animalclub]

Any further news?

[OzExpat]

I'm currently in Cairns, having left on the morning of the court appearance (yesterday). However, here's what the Post Courier reported in today's paper...
==========
Pilot heads back to court

AN AUSTRALIAN pilot who was fined K250,000 for breaching aviation laws returns to court on Friday to apply for his passport and detained jet to be released.
Andrew Reid, pilot and owner of a Cessna Citation II (C550) jet that landed on Bougainville’s decommissioned Kieta airport at Aropa in September, was fined K50,000 and his airline company Tasman Australian Airlines Pty Ltd K250,000.
The Waigani District Court ruled last week that Reid and his co-pilot Peter McGee were guilty for breaching sections 277 and 278 of the Civil Aviation Act (2000).
The charges are that the duo operated an aircraft in a careless manner and were engaged in dangerous activity involving an aircraft.
Two other charges relating to the operation of an aircraft in a careless manner and causing or permitting an aircraft to be used in a manner that caused unnecessary danger to persons/property, were laid against the airline company of which Reid is the sole director.
The law firm representing the two pilots, Young and Williams, obtained stay orders from the National Court on the district court’s ruling that the fines had to be paid immediately after the court’s decision.
The orders halting enforcement of the decision remain in place until the determination of the appeal.
The pilots are arguing that the presiding district court magistrate, Ivo Cappo, erred by ordering that the fines be paid on the same day as the court handed down its decision, as it contradicted the principle of giving 30 days to guilty parties to appeal a decision.
Deputy Chief Justice Salamo Injia will chair Friday’s hearing.
==========
The Post Courier is available online :-
PNG Post Courier (http://www.postcourier.com.pg/)

[Bozzo]

This published by Aviation International News.

What's a caper like this worth??????????

"Citation Pilots Convicted of Illegal Landing
Australian pilots Andrew Reid and Peter McGee have been convicted by a court in Papua New Guinea (PNG) of illegally landing at an unused airstrip on the island of Bougainville. The court imposed fines totalling more than $100,000, but the pilots avoided the 12-month jail terms that had been demanded by the south Pacific state’s civil aviation authority. In a sentence issued on December 10, the Waigini District Court also suspended McGee’s PNG commercial pilots license for 12 months. Both pilots are appealing the verdict, which found them guilty of “operating an aircraft in a careless and dangerous manner.” On September 30 Reid and McGee landed a Cessna Citation II owned by executive charter operator Tasman Australia Airlines at an abandoned airstrip in Aropa near a former mine. According to PNG newspaper The National, the aircraft was also carrying a cache of “high power” weapons and Noah Masingku, who is wanted in the country for alleged fraud. Tasman Australia Airlines, which, according to several media sources, is owned by Andrew Reid, is based at Paradise Point in the northern Australian state of Queensland. "

[Kiaruku Kid]

Sorry boys and girls given the time of the year I have had to step out for a while to gain some sanity or fresh air it is full of hot air in the court room:yuk:

The appeal was initially heard at 1630 on Friday about 4 hours after the sentence was handed down.

Deputy Chief Justice Salamo Injia heard the matter in the national court and ordered a stay of 'execution' until the manner has completed appeal. He was surprised by the manner in which large monetary fines had been imposed and only 4 hours to arrangement payments.

This is in contradiction to the 30 days under the constitution which allows persons to lodged an appeal - but that item of law is naturally a mere oversight.

On Tuesday 14th Dec the matter appeared in court again, this time for the release of Mr. Reids passport and Tasman Australian Airlines aircraft. Both were adjourned under Friday 17th given the CAA's objection that the aircraft should remain as collateral against the costs of the prosecution.

The simple manner that costs for such a prosecution are a civil claim to be made under Civil Av Act 306 has nothing to do with the retention of the aircraft by the CAA under section 56 of the act.

Quite basically in law - the aircraft is retained as it is dangerous - so watch out for this aircraft it may need a very special pilot to fly it :cool:

The detention of the passport is another issue - it is merely the starvation policy at work. It is also a delaying factor until the real reason for the visit can be established. This shows it is not a CAA matter but those sinister forces :E

Bozzo - answer for you probably a cool million bucks (real money USD) of course. But we all just have to wait !!!! Don't we Ozexpat ?:ok:

[OzExpat]

Absolutely KK! :ok: And I'm here in Australia, waiting just as fast as I can! ;) I reckon it'll still be going hot and strong by the time I get back, early January... :eek:

Merry Christmas anyway, Mr Court Reporter, and all the best for the new year!

[Kiaruku Kid]

Deputy Chief Justice Injia made the following Fri 18th Dec rulings:

As Mr. Reid and Tasman Australian Airlines have paid the total fines imposed by the Magistrates court last Fri 10th Dec that the passport for Mr Reid be returned and the aircraft VH-WNZ Citation II be permitted to leave the country.

The prosecution lawyers (Gadens) were no very happy with this instruction as they had been wanting the aircraft to remain as collateral for the costs of securing the prosecution.

It was noted by the Judge that not only is this a breech of a persons constitutional rights as far as sentencing. But the matter of retrieving such a debt is a civil matter and shoudl be dealt with as required by the civil aviation act section 306.

The stay however, that is of the fines being released to the central revenue and convictions letters being registered remain and will continue until the appealed is completed.

The appeal is adjourned with a date yet to be set - it will take at least two months and is definately on a point of the law and conduct of the trial moreso that the initial events.

[Kiaruku Kid]

Red faced prosecution lawyers acting for the PNG CAA yesterday as the mystery jet and owner flown out by CAA staff member.:mad:

VH-WNZ the mystery jet as labeled by the leading PNG Daily newspaper - Post Courier departed Port Moresby bound for Brisbane flown by a newly endorsed PNG CAA Captain and Mr. Reid the aircraft owner.:}

The CAA prosecution lawyers are facing the outcome of the appeal which is based on their incompetence in conducting the case moreso than the legal minefeild surronding it.

Mr. Robert Lindsay lawyer started the case and ran it quiet well, however, the senior counsel stepped in and took over the day of the trial proper without actually having studied aviation law or even new of an AIP. So from day one the hijacked high profile case started to loose steam.

We all wait now for the outcome - the mystery jet is back at home, the crew invovled are back at home - all in time for christmas.

:ok:

[tinpis]

One can only speculate as to how many more $billions will be thrown down the ****ter trying to stop Pee En Gee from stepping off the cliff into anarchy.

[Animalclub]

Is this the end?

[Troopy]

I personaly dont know much about this topic but I have just read the 20th of December Issue of the TIME magizine. It has an article about this subject.
Initial paragraph reads "TIME takes a rare trip to troubled Bouganville, on the murky trail of cranks and conmen"

[Kiaruku Kid]

Well - it may seem very quiet on the court circuit in PNG - must be plenty of other things that are more pressing (ECP, DPM polcitical writs etc...)

The initial appeal heard on the 18 Dec was before court again in Mar whereby the Magistrate court (District Court) did not have any paperwork on the case. A directive was made by the court that all paperwork associated with the case be assembled and bought before the court by mid April.

On the 3rd of May Deputy Chief Justice Inja had to make a court order that the clerks of the District court hand over a deposition stating why there are no records, or produce the records before the National Court by 9:30 am Thursday 26 May.

Amazingly after six (6) months the depositions of the lower court where received at the National Court along with the associated 'missing' files. The appeal case adjourned until the 10th June. This adjournment sought by the prosecution in the case (The CAA) to ensure that all documents are present. Surely the prosecution have had their day - how can more evidence be entered ? The judicial process in this case seems a little twisted, however the authenticity of the records are also to be studied by the defence to ensure they have not been altered.

Given the 'political sensitivity' of this case and the recent Foreign Correspondent report ABC 19th May, it would seem the wheels of justice have been slowed awaiting the outcome of the Bougainville elections and the connexion between the Australian 'visitors' on Bougainville and the aircraft flight.

For all involved the only winners are the lawyers - their interest in dragging out the fees mustn't be discounted.

[Woomera]

Any idea what happened to the two or three Australians left on Bougainville???

Have they now "surfaced"??

Woomera

[Kiaruku Kid]

It appears that Jeffrey Richards (AKA Prince Jeff) has made a public appearance. During the foreign correspondence report he was sighted in the front seat of the fourwheel drive carrying Ona's supporters from Guava village.

I am unsure as to what the administrator means by public condemning the man - how about arresting him under suspicion of inciting public mischief or overstaying his business visa ?

It is a pity the actions here are affecing the judicial process in POM. Check out http://www.thenational.com.pg/0523/nation4.htm for the latest installment.

[OzExpat]

Welcome back Mr. Court Reporter! Maybe we can have a drink somewhere around 10 June or so? I just KNOW that the court reporting chore is thirsty work! :E

[Kiaruku Kid]

It would be an honour Expat there is much to catch up on - the date seems mysteriously convenient to me as well. Should get some confirmation later this week.

No more importantly - Which gin shall we get on the way in ???

[OzExpat]

That will depend a bit KK. How soon do you want to be taking another course of them little green tablets? :D