There will be many..many hundreds of pilots, airline operators etc. breathing a huge sigh of relief that the Pooh Shambolic - aviation medico zealot on a mission - has finally fallen on his sword...
Ever since the Hazelton AAT decision against - closely followed by several other AAT losses - the (soon to be former) PMO has been a
dead man walking with his credibility as an expert witness shot in the eyes of the AAT..
The final nail however was the O'Brien AAT CVD case when the PMO was forced to admit (from tribunal transcript) that he had been
"procedurally unfair":
15 I have another letter dated 23 June 2014, have you seen that letter before?---I have.
You specifically recall that?---I beg your pardon?
20 You have specific recollection of that?---Yes. Yes, I do, but I’m aware of the provenance of those letters. I created those letters to be written and sent to some people.
25 And you’ve mentioned that the decision is on the basis that procedural fairness required CASA to provide you an opportunity to comment on the imposition of the new conditions, which are those conditions in the first letter from CASA?---Where are you reading that, sir?
30 In the first paragraph?---Right, yes. Yes.
And those comments, the reference to those comments, are the two letters from (blank) to yourself, is that correct?---M’mm.
35 And you decided upon considering - well, what’s in the content of the letter you changed your view on Mr (blank) conditions and you allowed him to have an ATPL?---I did not change my view about the safety or not of it. I was - the decision, as it says there, was changed on the basis that procedural fairness had not been afforded. That it was not a safety related decision; it
40 was a procedural decision.
What factors did you take into consideration?---The fact that he had not been accorded procedural fairness. For a legal decision to be made my understanding is that it has to be procedurally fair, and the advice we had was
45 that it was not procedurally fair - - -
Another quote perhaps highlights how the current executive crew at Fort Fumble honestly believe that are quite literally above the law...
:
During your examination you indicated that CASA had not yet adopted the CAD test, the formal CAD test. Are you aware that when Mr O’Brien was applying for the ATPL privileges you wrote to him and gave him no other choice but to take the CAD test, and unless he did, you would not be able to progress his application?
---Yes. I wrote that letter, yes. I’m aware of that. If you wish I can explain what I had. The important issue with that is that there is no limit on the test which can be asked for for any person with any kind of disability. There is an unlimited scope for CASA to ask for a test. The fact that it may or may not be - when I was talking about policy, I was talking about policy to demonstrate that you meet the standard. Once you do not meet the standard anyone in CASA for any test that they wish which will help to make the determination as to whether or not is, you know, at the extent where it does not affect the aviation safety.
So poor old Shambolic was only following executive SOP to the letter...
Now for the other wabbits...
"...
Now, may I kindly, and selfishly, ask that those who supported Poohshan's abhorrent decision to inflict untold and unethical damage on our pilot industry - the other two members of the DAS trio, Ferret-a-day, LSD and others also be given their marching orders. The farcical CVD issue was a huge decision and unleashed on industry after many internal high ranking executives jointly agreed to the decision. The pineappling of Poohshan should be just the starting point in this issue. More blood should yet be spilled..."
Well said Soty...
TICK..TOCK goes the Playschool clock..
MTF...
Ps Loved this bit from the transcript..
HIS HONOUR: Dare I ask, if CASA believes that Mr O'Brien is a competent pilot as you described, why are we here?
