Mack:
The injustice that occurred in my particular case McSherry V CASA is taking a long time to address through the Ombudsman and my local MP. I am back to flying and re-establishing my business. Unlike the CVD Pilots Association I am one single individual that the PMO attempted to crush for purely personal policy reasons. Thanks to the AAT the PMO was not successful, however, I will not rest until the checks and balances are returned to the system to prevent future unlawful decisions by the PMO.
Kudos to you Mack & good win...
I wonder though how timely the Bolton decision was & how influential it was in your getting the right AAT decision?? Para 50 says a lot IMHO:
We note that in expressing that opinion, Associate Professor Navathe differed from both Associate Professor Ward and Dr McRae, each of whom regarded the risk of an incompletely incapacitating bleed causing problems for Mr McSherry whilst he was flying to be extremely small. Further, we do not consider this aspect of Associate Professor Navathe’s evidence to have been well-supported or well-reasoned and we formed the impression that this aspect of his evidence may well have been influenced by his desire to justify the decision he had made, to impose conditions on Mr McSherry’s class 1 medical certificate. We were also troubled by the significant differences between the opinions expressed in Associate Professor Navathe’s statement of 8 October 2013 on the one hand, and his oral evidence on the other.
This false dichotomy is also evident in the CVD correspondence from the PMO, which has been consistently changing over time...
The best part Mack in your AAT decision is in the 2nd last paragraph...
"...
For completeness, we should also add that we sought further submissions from the parties after the hearing as to the significance for our decision of the endorsements on the relevant medical certificate issued to Mr McSherry,[45] the “special requirements” referred to in CASA’s letter of 6 August 2013, and the “condition” that Mr McSherry’s certificates remain valid only for 12 months. In the event, essentially for the reasons set out in the submissions filed by Mr Abbott SC on behalf of Mr McSherry, dated 18 February 2014, we are satisfied that none of these matters constituted “conditions” within the meaning of CASR reg 11.056. We are further satisfied that, in light of our conclusion that Mr McSherry meets medical standards 1 and 2, he is entitled to the issue of class 1 and class 2 medical certificates, pursuant to CASR reg 67.180. In these circumstances, there is no power to impose conditions on his certificates pursuant to CASR reg 11.056, and we do not propose to do so..."
For mine that should have given you a huge sigh of relief...
Cheers & keep up the good fight Mack..
ps Mack at #50 well maybe Bolton owes you a beer instead...
...either way I think the worm turned at Hazelton.