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Old 4th Mar 2017, 12:45
  #809 (permalink)  
sharpend
 
Join Date: Feb 2001
Location: Lechlade, Glos.UK
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I can only comment on what is written here, but in my many years as JP (no, not junior pilot) if a person is found Not Guilty of a charge then he should not the punished. It appears to me that all this pilot did was leave his camera in a dangerous place. Well, we have all taken photos from the flight deck and placed our cameras somewhere close. Obviously this pilot had no idea that what he did would result in a problem. So the error was not deliberate, but he was Culpable and caused Harm by his mistake. So he should be punished, but there is plenty of mitigation. Moreover, a person's previous record should be taken into account. Now I did not follow this case in Court and am not privy to all the facts. Additionally, in Courts Marshal there are two type of evidence: 'Beyond reasonable doubt' (which a criminal court must bide by, as in this case) and 'On the balance of probabilities', which is only used in civil proceedings. However, and here is the rub, sometimes, if the evidence lies between the two types of evidence, the judiciary will increase the sentence to the maximum they can award. Personally, given all the pilot did was make a mistake, but not forgetting the Harm element, I am surprised at the sentence. I wonder if MAFL has a list of Sentencing Guidelines as the civilian Judiciary have and if so, what it would be for a minor mistake that cause major Harm?
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