Originally Posted by
Pilot DAR
…..I don't agree. Careless, yes, reckless, no. "Reckless" includes: "without thinking or caring about the consequences of an action", and I do not attribute this to the accident pilot. I think that he cared, but did not understand, nor stopped to consider factors just outside his understanding…..
This was a highly successful middle aged business man. He was clearly not without intelligence.
His IQ was likely to be high average or even above the average by a significant amount.
There are certain aspects of this accident which I would suggest are more than just careless conduct.
I have chosen just four to illustrate my thoughts.
On 8 August [after the LST on 30 July but before licence issue on 27 August] he flew into a 330m strip with significant obstacles. A club FI was so concerned that he drove to the strip and told him not to depart. His advice was disregarded. [page 8]
Frequent mention was made of not using the shoulder straps [pages 8/18/25/27]. It appears that they were not worn on the fateful day at Troutbeck, with the report suggesting that had they been worn the impact might have been survivable.
On the accident day, the MTOM was exceeded on two occasions before arriving at Troutbeck [page 10].
Cocaine had been consumed a day or so before the accident according to the toxicology report but was not a factor in the accident day. No mention is made when the medical certificate was issued. No mention is made when the deceased first started using cocaine. The “effects of cocaine” are well documented on the internet. Such activity is incompatible with medical certification.
Various quotes from the FIs might indicate somewhat erratic behaviour [page 8]. Was this his natural personality, or where other factors at play? They had certainty and forcefully attempted to educate him. I am sure that they tried their best.
As someone who started to instruct as an AFI in 1984, I recognise the challenges they faced.
In English criminal law and in the law of tort recklessness may be defined as
‘the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such actions’.
There is likely to be a broad range of opinion which I entirely respect. We might have to agree to disagree as they say.