Torres
I suggest that you read the full Sherman report. No doubt you will suggest Mr Sherman was a CASA crony as well - given that he does not agree with your conclusions.......
30 May 2001
A75/2001
SHERMAN REPORT ON THE DIRECTOR OF AVIATION SAFETY
The former chairman of the National Crime Authority, Tom Sherman AO, has found that the alleged regulatory breaches by the Director of Aviation Safety, Mick Toller, should not be referred to the Director of Public Prosecutions.
The Deputy Prime Minister, John Anderson, released the Sherman report today. The report examines two incidents involving Mr Toller in 1999 and 2000.
"The first incident involved an allegation that Mr Toller did not fill in a maintenance release in accordance with the aviation regulations. CASA's compliance staff investigated the allegation and counselled Mr Toller. He then received special treatment. The allegation was investigated again. Mr Sherman concluded that there was no substantial evidence that Mr Toller has committed an offence. He also pointed out that the second investigation:
() was initiated for the wrong reasons namely some criticism that was perceived as relevant in a parliamentary committee report. If the principles of enforcement now set out in the Enforcement Manual was observed, the investigation would not have been commenced, particularly in circumstances where informal counselling had already taken place.
"The second incident involved an allegation that Mr Toller had taken the controls of a Cessna Caravan, even though he was not endorsee for the aircraft type. Mr Sherman concluded there was evidence that Mr Toller had committed a technical breach of one regulation, and said that:
I am however of the view that the matter should be the subject of formal counselling in accordance with the procedures of the CASA Enforcement Manual rather that refer the matter to the DPP. This is because the contravention was relatively minor and there appears to have been no threat to the safety of the aircraft particularly as both Mr Pennington and Mr Toller were experienced pilots.
"Mr Toller was formally counselled. The Sherman Report makes it clear that
Mr Toller received special and unfavourable treatment. He was investigated twice for the same alleged offence. He was pilloried by the Labor Opposition.