here is the full text
CASA accused of reckless and deficient oversight in permitting pilot to continue to fly
THE aviation safety regulator has accused two pilots of "wilful blindness" to the dangerous antics of rogue aviator Barry Hempel, who repeatedly broke the law, lied and risked members of the public before a crash that killed himself and an unwitting passenger.
Documents obtained by The Australian show the Civil Aviation Safety Authority prepared a comprehensive prosecution "brief of evidence" against two key figures in Hempel's company, its chief executive Gordon Craig and chief pilot Michael Lawrence.
CASA investigator John Jones stated in formal CASA documents that evidence showed the two men knew Hempel was illegally flying fare-paying passengers, despite having been stripped of his commercial licence, "and chose to do nothing about it".
A spokesman for CASA said last night that after referring its brief of evidence to the commonwealth DPP it was advised that no prosecution would be launched.
CASA has been accused of reckless and deficient oversight in permitting Hempel to continue to fly despite his long record as an unsafe pilot, and his history of uncontrollable epileptic-type seizures that led to losses of consciousness.
Mr Craig and Mr Lawrence have strenuously denied that they were aware of Hempel's wrongdoing before the August 2008 crash of his aerobatic Russian aircraft in the water between North and South Stradbroke islands, off the Gold Coast. The men said Hempel, 60, had lied to them.
But the family of passenger Ian Lovell wants CASA's director of aviation safety, John McCormick, and federal Transport Minister Anthony Albanese to explain why CASA let Hempel continue to fly on a private licence and do endorsement training and instructing. Queensland Coroner John Hutton is expected to bring down findings later this year.
The Weekend Australian revealed that CASA formally disciplined Hempel months before the crash and told him he was dishonest, dangerous, reckless and "an unacceptable risk to recividism that threatens aviation safety". But CASA said he could still fly and instruct others.
CASA's documents after the double fatality state that Mr Craig "admits to being a Clayton's CEO", appointed to satisfy CASA requirements while Hempel controlled the management and operation of the aviation company. The documents state that Mr Craig and Mr Lawrence were present when Hempel flew illegally on 16 known occasions in the weeks before the crash.
CASA concluded that Mr Craig "tolerated a culture of turning a blind eye to illegal conduct by Barry Hempel. Lawrence remained involved in booking Hempel's illegal flights up until the date of the fatal flight. The actions of both Craig and Lawrence showed a wilful blindness."
Mr Lawrence emphatically denied the claims and insisted he maintained a vigilant watch, but that "none of the inquiries or inspections which I routinely made . . . gave rise to any suspicion that Hempel was engaged in unlawful activities". He said he had argued fiercely with Hempel in a bid to maintain safety.
Mr Craig also denied CASA's claims and said that while he was CEO, it was not part of his job to review Hempel's qualifications as a pilot for Hempel's Aviation.
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Yes but what about the CASA charges against Hempel?
why were they pulled?
Who was it in CASA who ordered them pulled?
what about CASA, why did they do nothing ?????
and what about the CASA chappie who had a seizure in the witness box - will CASA pull his licence??
was McCormick a very very close mate of Hempel??
why was Hempel worried about his multiple convictions for indecent behaviour becoming known?
were these convictions something in which CASA should have taken an interest?
did they make Hempel a fit and proper person to hold a pilot licence?
did Hempel hold a "Blue Card" which was necessary for him to carry young children unsupervised on joyflights?
or did all his planes have three seats (i.e. one for the chaperone)?
stay tuned for more dissembling from CASA!!