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Old 29th Dec 2014, 21:16
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Sarcs
 
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"Caesar judging Caesar??"

Pre-New Year cogitation on PelAir (duck-up) cover-up re-investigation:

Okay so the Miniscule has essentially forced the ATsBeaker hand in doing what they - Bea-Cur & by association the 2 other commissioners, Julian, Sanga & M&M - have been strenuously avoiding doing for over 2 years. Wouldn't you think that now would be an appropriate time for all the above mentioned associated parties (DIPs) to step aside and let a real independent AAI - totally devoid of all self-interest/ self-preservation etc. - transparently conduct the re-opened investigation (as is possible under certain provisions of Annex 13)??

Well according to the 'to & fro' missive(s) from ATsBeaker it is simply not going to happen and the TOR of the re-investigation is laced with the usual get out of jail, forked tongued, weasel words. Example..

...A new investigation team will review the original investigation and associated report in the light of any fresh evidence and other relevant points raised in this and separate reviews by the...
...The main focus will be ensuring that the specific findings of the TSB review are taken fully into account before issuing a final report of the reopened investigation...
Kharon - The Senate AAI team should be begged, (coerced, bribed, bullied or pleaded with) to oversight the 'new' investigation into the incident. It is imperative that the ATSB and CASA actions, subsequent to the event are examined to define as clearly as possible what transpired between the incident occurring and the now penultimate report being published.
Pretty sure there is at least one Senator that won't need much coercion if any...

From Additional Estimates Feb 2014:
Senator XENOPHON: Do you think it is appropriate? Is it a case of Caesar judging Caesar, because you need to determine whether it is new, which usually can be fairly objectively determined, but whether there is both new and significant material? Do you agree that that is something that can be the subject of a judgment call by the very essence of determining whether something is significant or minor?
Bea-Cur subsequent replies to the NX line of questioning had him steadfastly hiding behind the TSI Act...

NX did get a very significant admission from Bea-Cur which unsurprisingly M&M belatedly tried to counter:
Mr Dolan : I would totally agree that this is a matter of judgment. This is a matter of judgment, which under the Transport Safety Investigation Act is given to the ATSB as constituted by its three commissioners.

Senator XENOPHON: Given the matters that arose out of the Senate inquiry, the evidence that was given and that whole process and issues with respect to the MOU between CASA and the ATSB, for instance, and other matters about the downgrading of the nature of the report from critical to a minor safety incident, do you think in those circumstances it would be preferable for public confidence in the ATSB for there to have been an impartial arbiter or impartial advice sought from an expert to give advice to the ATSB in respect of that, rather than the commissioners basically just making a judgment call as to whether it ought to be amended or reopened based on your previous judgments? You can understand why there might be some concern about that.

Mr Dolan : I understand the concerns. All I can reiterate is that the responsibility for making those judgments by law rests with the ATSB and we will continue to exercise our responsibilities under the act.

Senator XENOPHON: I understand your responsibilities under the act, but do you consider it preferable in terms of the public confidence in the ATSB, given the highly critical nature of the Senate committee's report with respect to the Pel-Air incident and criticisms from others who gave evidence to the inquiry, that it would not be unreasonable for the ATSB to have sought an independent entity to provide advice before you considered whether there was something new and significant in the context of reopening any investigation into the Pel-Air incident?

Mr Dolan : The three commissioners determined that it was their responsibility to make that assessment and we did not see any need or possibility to defer that decision to someone else. What we did do, quite deliberately, was ask a counterpart organisation, the Transportation Safety Board of Canada, to benchmark our investigation methodology against their investigation methodology and to review three of our investigations in light of that, essentially against what the TSB would have done as against what we did, and to give us an independent report on the results. It is entirely possible that as a result of that there will be new and significant information. If there is, the commission will reopen the investigation.

Senator XENOPHON: It goes beyond methodology, does it not, because looking at the methodology of the ATSB is a little different from the reality of how the ATSB may or may not have implemented that methodology.

Mr Dolan : Yes, the methodology and how it was applied.

Senator XENOPHON: So, it does go beyond the methodology?

Mr Dolan : Very much beyond the methodology and into how it was applied.

Mr Mrdak : I think going back to my earlier answer about the integrity of the process, the terms of reference that have been given to the Transportation Safety Board of Canada, the way in which they are looking at that and the advice to government from the ATSB on that process will underpin the government's response when that is tabled in terms of the very questions you are asking.

Senator XENOPHON: You would understand the disquiet in the aviation community that the ATSB was effectively Caesar judging Caesar. The commissioners had to make a determination as to whether they did a good job or not in terms of their previous report that was the subject of scathing criticism by a Senate inquiry. But you acknowledge that?

Mr Mrdak : I understand that and I have certainly closely reviewed the Senate inquiry report, but I think Mr Dolan has set out for you that seeking the advice from the Canadian authorities is the way in which the ATSB has sought to deal with a number of the issues raised in the Senate committee report.
Oh how sometimes recorded words will come back to haunt...

Definitely MTF...re I'll be back!

Last edited by Sarcs; 30th Dec 2014 at 01:39.
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