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Old 31st Dec 2004, 17:56
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The Cape Argus 31 December 2004.

Vietnam-era Huey to go under the hammer

by Karyn Maughan
Staff Reporter

A Partially shelled Huey Helicopter "on skids" will go under the hammer in two weeks after a series of legal wrangles between its owner and the V&A Waterfront.

Gary van der Merwe is the director of Helicopter and Marine Services, which owns the Green Bell Huey UH1H set for auction at the Culemborg helibase on January 14.

Van der Merwe, his two co-directors and his company secretary were arrested for alleged company tax offences and share fraud involving several million rand in October. They were all released on bail.

Van der Merwe also faces charges under the Exchange Control Act after being arrested at Cape Town International Airport for allegedly trying to smuggle R1,5 million in cash out of the country. The cash was returned to him after the Assets Forfeiture Unit failed to file the paperwork necessary to keep the money.

Van der Merwe was at the centre of public controversy when two of his helicopters collided at the Waterfront during a practice stunt for the Fear Factor TV Show some years ago. His company faced accident costs of R12m for the unautorised stunt, after its insurance company refused to pay. The firm was later placed under final liquidation.

The Waterfront has named Helicopter and Marine Services and the MV Cape Endurance, a ship owned by the company and understood to have been berthed at the Waerfront, as its debtors in its Cape High Court sale in execution notice.

Helicopter and Marine Services leases aircraft to the Huey Extreme Club, which has also been involved with litigation with the Waterfront.

Earlier this month, Helicopter and Marine Services asked the High Court to force the Civil Aviation Authority (CAA) to return a Huey airframe it had seized after a precautionary landing last month.

The CAA lodged a counter-application for the return of the helicopter's engine, which van der Merwe allegedly unlawfully removed after the landing.

It could not be confirmed that the shelled Huey and the helicopter whose parts were seized are the same helicopter.

Earlier this year, the Waterfront sought an order stopping Helicopter and Marine Services and the Huey Extreme Club from flying an allegedly "un-airworthy" ex-military Huey from its its helipad as "each time the Huey flies in contravention of the grounding order", the Waterfront was "at serious risk".

Although cited as a respondent in the case, the CAA said it supported the Waterfront's efforts to enforce the grounding of the Huey. It emerged in court that the Huey was built from four helicopters which had served in the United STates, Israeli and Ethiopian air forces.

Mr. Justice Jock Comrie dismissed the application.
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