Well...
If there’s been a swapping of seats by agreement between passengers, there’s no W&B risk and we know that being in the allocated seat for post-accident identification purposes is a furphy.
Anyone denying that?
All I can say is that if the only basis upon which the police intervened was old mate
’s failure to comply with a safety direction under CASR 91.575 or …
The word "if" is a small but important one.
I answered that what I would do would depend on the safety implications of the circumstances…
It always depends.
The PIC and operator have power/authority to remove - with such assistance and by the use of such force as is reasonable and necessary - a person before the flight begins, even if the person has not contravened CASR 91.220(3). So on the face of CASR.220, old mate does not have to been directed by anyone to do anything and the PIC and operator still have power/authority to remove him – with assistance and by the use of reasonable force if necessary -
provided the operator or PIC believes it is necessary for the safety of the aircraft, a person on the aircraft, or a person or property on the ground or water.
The word "provided" is another word for "if".
I said, earlier, that for all I know old mate was removed on the basis of trespass, consent to him being on the aircraft having been revoked as a consequence of behaviour that crew reasonably considered unacceptable. That’s not the same as him being removed on the basis that he committed a criminal offence as soon as he failed to comply with any CC direction.
Looks like that's what happened.
It may turn out that old mate was lawfully tasered for resisting arrest after being lawfully arrested.
Yep.