justapplhere,
About the lost evidence. What was missing was the monitor list of the PAL usage and the FDR from the aircraft.
The monitor list only contains records of the last 13 activations and it was recovered two days after the alleged offence. Launceston is the RFDS base in Tassie and as well there are night freight flights. They "used up" the 13 recorded activations in the following two days.
In respect to the FDR what I didn't post earlier was that there was some delay in QANTAS being contacted in relation to the investigation. This is an excerpt from the facts as found by the High Court:
Qantas was first notified of the incident on 9 November 2001.
On 14 December 2001 CASA appointed an investigator to enquire into the incident.
The incident in question was on 23 October. I suggest that the FDR was well and truly overwritten by that time.
I know of no appeals, which in any case, would be next to impossible as the case was apparently decided on its facts as an appeal cannot be made against a finding of fact. So, yes, the matter is closed.
Capt Fathom,
The case was not "thrown out of court". Either the judge sitting alone or the jury (I cannot remember what the Commonwealth legislation provides for in such a case as this) found the two pilots "not guilty" of the offence. There is a difference.