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Old 27th Dec 2006, 23:34
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Air Ace
 
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justapplhere

The original media articles:

Tues "The Australian"

Qantas pilots charged over 'reckless' takeoff
By Steve Creedy, Aviation writer
June 08, 2004

A QANTAS captain and first officer are facing charges of reckless operation of a Boeing 737 with 77 people on board after a late night takeoff.

The Civil Aviation Safety Authority alleges the pilots took off from Launceston, Tasmania, for Melbourne about 11pm on October 23, 2001, without activating the airport runway, taxiway and obstacle lights.

The lights can be activated from within the aircraft cabin and provide a vital reference point if the aircraft hits trouble and has to turn back.

Charges laid by the commonwealth Director of Public Prosecutions under the Civil Aviation Act are due for a first mention today in the Launceston Court of Petty Sessions.

The two sections relate to reckless operations that could endanger the life, property or person of another individual.

The fact that CASA opted for the unusual course of prosecuting a major airline, rather than issuing an infringement notice or taking other regulatory action, indicates the seriousness with which it views the alleged incident.

CASA's enforcement manual says officers should refer to the commonwealth DPP for prosecution any matters that are deliberate and serious or that demonstrate a reckless disregard of the safety rules; are part of a pattern of similar contraventions; that involve knowing or reckless breaches of the act; or that seriously endanger the safety of people other than those committing the offence.

The act provides for a variety of penalties ranging from licence suspension to fines and demerit points.

A Qantas spokeswoman said it was inappropriate for the airline to comment. However, it is understood the airline is defending the matter.

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abc.net.au/news

Pilots breached safety laws says CASA

Two Qantas pilots charged with recklessly operating an aircraft have had their case adjourned in the Launceston Magistrates Court this morning.

Xxxxxxxxxxxxxxxx of Eltham in Victoria and Xxxxxxxxxxx of Essendon in Victoria are charged with two counts of reckless operation of an aircraft.

Around 77 people were on board on the Qantas Boeing 737-400 which flew from Launceston to Melbourne in October 2001.
The Civil Aviation Safety Authority alleges Qantas pilots Xxxxxxx and Xxxxxxxx failed to activate the Launceston Airport's runway, taxiway and obstacle lighting system before take off, around 11 pm.

CASA says the flight arrived in Melbourne without incident but it believes the alleged actions breached the Civil Aviation Act.

The men were not required to enter a plea or be present for their first appearance.

The court heard the men's defence lawyers are yet to receive a detailed brief from the Commonwealth Department of Public Prosecution.

The matter was adjourned until the middle of next month.

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I guess Dick has his own source of information regardling the various party's "investment" in the legal fraternity, but considering the time factor and CASA modus operandi the alleged cost may not be unreasonable?

Would you care to comment on whether you feel almost six years - and still running - is a reasonable time for a prosecution to be heard in Australia?
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