AAT Hearings Report
Dear Friends & Colleagues,
It has been a very busy week!
Thank you to all who were able to attend the AAT in person and support our cause. You would have no doubt found the process both interesting and frustrating, with CASA continue to perpetuate a myth based on unproven assumptions that CVD pilots pose an unacceptable risk to the safety of air navigation.
The hearings lasted for 3 days in total before a tribunal consisting of Justice Robert Benjamin and Dr William Isles.
Fortunately, the lawyers managed to reduce the amount of witnesses who were required to give oral evidence. On our side, the tribunal heard practical evidence from regarding how CVD pilots operate. We were also very fortunate to be supported by Associate Professor Geoff Stuart who provided terrific evidence on the numerous scientific flaws associated with the design of the CAD test. He also gave evidence regarding the flaws in CASA’s risk management process that they are adopting with CVD pilots. A. Prof. Stuart has over 30 years’ experience in vision science including studies of colour vision. He is also a human factors specialist and conducts work for a University Accident Research Centre.
On CASA’s side, the Principal Medical Officer Dr Navathe was cross examined and A. Prof. Geoff Stuart also gave concurrent evidence with CASA’s experts, Prof John Parkes and the inventor of the CAD test, Prof John Barbour. We did manage to achieve a number of oral admissions from CASA’s experts, including the fact that the CAD did not simulate an operational situation.
Despite this, there is still a long way to go and victory is by no means certain. CASA’s massive legal firepower was extremely obvious this week, with them being represented by a very experienced external barrister Ian Harvey QC. They are throwing everything they’ve got at this case and it continues to be a “Might” versus “Right” battle.
We are also facing the fact that what we are trying to achieve has never been done anywhere else in the world. Despite recent events this year, Australia continues to remain the most liberal country in the world with respect to aviation colour vision standards. For this reason alone, the tribunal will naturally be very cautious in making a decision which is so drastically different to the standards that are adopted elsewhere. We are fighting an uphill battle, but we are continuing to give this everything we’ve got. We have the emperical evidence to support our case and it's now up to the tribunal to see the light.
We next have until the 14th November to prepare follow up written submissions. This will require us to carefully study the transcripts and dissect the evidence that was given. A final public hearing day is then scheduled for the 24th November. At that point, the tribunal will then retire to consider all the evidence including the numerous experts who gave written statements, but were not required to give oral evidence in person. It could potentially take weeks or months before the ultimate decision is handed down.
We will continue to keep everyone updated throughout this process.
Thanks again for your ongoing enthusiasm and support.