Dick Smith's Media Release for Monday 20 Sep 04

[Bizpax]

Take him to the cleaners

Wally2
on behalf of all Australian passengers, I would like to thank you and your management and also the experts within and hired by AirServices Australia for the protracted efforts you have made to protect our safety. Having now managed to read both your report and the world-leading risk analyses performed on behalf of ASA, I wish to congratulate you on the quality and professionalism displayed in countering the spurious, mind-bending, gob-smacking crap that Dick throws at anyone who gets in his way. The risk analyses conducted by ASA are of world standard and the cost benefit analyses irrefutable -well done all!

Walley, thanks for putting your money where your mouth is -unfortunately too many of us are dependent on the industry to come out publicly and fight this little p###k. I'm hoping that if the case goes ahead and Dick doesn't display his usual cut and come again style, the facts will be on public display in court. Any chance of taking him to the cleaners?

Eternally grateful and looking forward to getting to Broome...

[WALLEY2]

BIZPAX

Thanks for your comment I will pass them on to the consulting team, I agree that AsA has done a great job unfortunately this makes Dicks action all the more inappropriate and annoying.

Be assured if he leaves any door open for action we will take it. During the course of this debate I have come to realise we are one of the few able to take him on where there is an even playing field. I would love to get into a court with our DAS vs his and the sceptics reports.

The thought of a QC cross examining him on the twists and turns of his statements on NAS brings a smile to my face as would the puzzled look of the judge as the ineptness of his contradictory statements unfolds.

However I am sure he will not let that happen, far to cunning. Mr Anderson will feel the heat if he does not take action on this latest farce. We have four marginal seats in WA and a little funding goes a long way. Plus public knowledge of his gutless inaction todate will not help them, it is his choice do the right thing or take the consequences.

[QSK?]

Note for Dick Smith

Dick:

There are only two words that I can use to describe both your court action and your reference to the unfortunate event at Benalla, which is still under investigation by the ATSB.

BL**DY DISCRACEFUL !

As a former Board Member and Chairman of various service provider and regulatory institutions charged with the delivery of aviation safety services, even I would have thought you would've shown more decency, maturity, discretion and sensitivity befitting your previous aviation management roles. Your actions clearly demonstrate you possess none of these desirable qualities.

Surely, the Government must now see that Dick Smith ,by his actions, is totally UNSUITABLE to occupy any position of influence in the management of Australia's airspace resource.

[missy]

Federal Court of Australia
For Hearing on Tuesday 21 September, 2004
FEDERAL COURT OF AUSTRALIA
LAW COURTS BUILDING, SYDNEY


JUSTICE STONE - COURT: 21C
10:15 AM
(Directions and Notice of Motion)
RICHARD HAROLD SMITH -v-
AIRSERVICES AUSTRALIA
N1351/04

[WALLEY2]

Interview on ABC AM Programme


Pprune contributers,

During an interview on ABC AM Programme to be aired this morning I have strongly critisied the lack of action by Mr Anderson. Advising that the continued presence of Mr D Smith as an adviser to the Minister as untenable due to his court action against AsA.

I view the Ministers actions on this issue as displaying he is not across this issue and is in not reading the safety cases; or failing to understand them.

I raise the matter of the waste in tax payer and pax taxes as inappropriate for a party claiming they are good managers of the economy.

Finally I find his lack of action on this matter diplays a lack of rigor as he is failing to take action in defending an Authority under his portfolio.

This farce needs to be stopped, by him, now.

That is the content of my interview, I hope others who can will back me up on this matter.

Mike Caplehorn

[karrank]

Onya Mike. Missed the interview but they're playing grabs from it on the news.

[PRD]

http://www.abc.net.au/am/content/2004/s1203614.htm


Dick Smith takes aviation regulator to court AM - Tuesday, 21 September , 2004 08:24:50
Reporter: Sarah Clarke
TONY EASTLEY: In an unprecedented move, a former chief of the Civil Aviation Authority in Australia, Dick Smith, is taking the national aviation regulator to court over its decision to rollback the contentious airspace rules that he helped support.

Mr Smith, who authored the US-style aviation plan, will this morning go to the Federal Court.

Sarah Clarke from the ABC's Investigative Unit reports.

SARAH CLARKE: Since the new airspace rules were introduced last November, the chair of Air Services Australia has resigned, two senior air traffic controllers have quit and last month the aviation regulator declared some of the reforms unsafe.

As a result it voted to have the changes wound back. That's infuriated the driving force behind these reforms, and today Dick Smith's taking his fight to the Federal Court.

DICK SMITH: Well, I'm taking Air Services to court to see if I can somehow stop the reversal of the airspace reforms, which will mean that controllers will have to operate as if they were blindfolded, without radar, which is the old 1930's system.

It's an attempt to stop us winding back the reforms which have been very successful.

SARAH CLARKE: It's an extraordinary step for the former CASA chief, and one even he describes as bizarre. The motion is listed in his name as a private pilot and as an official adviser to the Government on airspace reform.

He describes the regulator's decision as "so unreasonable that no reasonable person could have made that decision".

Air Services Australia will fight his action vigorously, with the support of the Australian Federation of Airline Pilots, who believe Dick Smith's airspace changes put passenger aircraft at risk.

President, Richard Higgins.

RICHARD HIGGINS: It's akin to the behaviour of a spoilt child who doesn't get his way, so he's got to try and have a go, legally, and all it's doing is putting the travelling public, together with my pilots, putting them at risk of an imminent collision, and that's absolutely insane that he should be doing that.

SARAH CLARKE: This series of events has delayed attempts to reform aviation rules over the last 12 months.

Mike Caplehorn runs Broome International Airport, and says this latest step into the Federal Court is an act of "lunacy" and the final straw, and the Transport Minister John Anderson must take control.

MIKE CAPLEHORN: It is just absolutely ridiculous. How can a minister allow one of his advisers to take Federal Court action against one of his own authorities that work under his portfolio? He's got an adviser running amok, he's got to stop it.

TONY EASTLEY: Chairman of Broome International Airport, Mike Caplehorn, ending that report from Sarah Clarke.

[gaunty]

WALLEY2

You can be absolutely assured of mine and my colleagues.

I think we are up to near a quarter of a billion $s spent treating Smiths obsessions and the body count continues to rise by the day.

Calls from the media yesterday suggests they've finally woken up to it.

They have as is usual also been monitoring events here for the balance against the relentless spin.

It's been tamped down for the moment and I suspect the Government might be trying hard to make it go away, it could be counterproductive for them if they did.

Either way they both lose. And their little mate puts em in it right in the middle of an election, ironic is word that comes to mind.

I choose to cling to the notion that Anderson is a truly one of the last real gentlemen in Parliament, surrounded by a bunch of knaves.

As you suggest Smith would not handle expert cross well at all and I for one would take the time to come and watch.

It might well be the only way we can be rid of him so we can get on with aviation in this country.

Mr Smith started this all on his own, it's an "own goal", with a little help from his "friends", it might be time to finish it once and for all for him AND them.

I don't imagine it has ever occurred to Smith, that every time he pulls one of these lunatic stunts he puts yet another bullet hole into the riddled carcasse of GA aviation and the confidence of the travelling public .
He must be fnding it hard to find a place that hasn't already got one of his.

[Scurvy.D.Dog]

Mike and Gary

Check your PM's

[gaunty]

Here's what Crikey reckons;

11. Dick Smith's latest defamatory dalliances


Once again Richard Harold (aka Dick) Smith flies perilously close to what can only be described as defamation. He accuses everyone from Qantas to the air traffic control for the tragic accident that claimed 6 lives near Benalla. Read the interim accident report here.

Only Mr Smith would claim to be able to determine the cause of a fatal air crash without looking at a single piece of evidence, visiting the crash site, conducting interviews, reviewing any records or any of the normal procedures of an air accident investigation.

Before the Australian Transportation Safety Bureau (ATSB) has even released its findings, Mr Smith is already claiming that there was a cover up by the ATSB on behalf of Qantas in relation to another incident that occurred a few days before the Benalla crash. The incident he refers to involved a Qantas Boeing 737 flying from Perth to Canberra where it descended too low prior to landing. Mr Smith would have us all believe that if the ATSB and Qantas had announced the incident to the public immediately, before any formal investigation had occurred and before any of the actual facts were known, then the Benalla crash could have been avoided.

The ATSB is set up as an independent entity for the express purpose of being objective in its investigations, a fact that frustrated Mr. Smith during the time of his appointment at the Civil Aviation Safety Authority. Any suggestion that the ATSB is complicit in a cover up involving Qantas is ludicrous.

Back to the Qantas incident. A Qantas Boeing 737 was on descent into Canberra after a night flight from Perth. It arrived in the Canberra area prior to first light to find that the air traffic control facility was closed. The pilots elected to continue with the approach as per the procedures normally conducted in this situation. They made what appears to be a data entry error and found themselves flying too far away from the navigation facility at Church Creek while descending.

The ATSB does not have access to Mr Smith’s telepathic powers. Instead, they have to rely on physical evidence such as flight data recorders, tapes of radar data, pilot testimonies and so on. So far the only facts that are publicly available are those in the interim reports available here.

It indicates the aircrafts distance from the terrain below was 2,500 feet and the crew received a low level ‘soft’ warning from the onboard aircraft system that prompted a climb. The pilots reported the incident to Qantas who in turn reported to ATSB.

Mr Smith has sought to stop changes to Australian airspace via the Federal Court. He claims that both the Qantas incident and Benalla accident could have been avoided if the Australian airspace structure was designed to his specifications. Mr Smith sees no foul in using the brother of one of the Benalla victims to shower himself with media coverage for his court case.

Mr Smiths warning to Perth passengers of the danger in flying QF to Canberra at night or in weather, twice, on an ABC talkback, and wherein he suggested the aircraft was below the mountain tops and in imminent danger were followed by a statement from CASAs Peter Gibson on the same programme the following day and was inter-alia;

" the aircraft never came closer than 2,000 feet to the ground and investigations continue."

The interview was a genuine, beautifully minted masterpiece of disinformation and self serving propaganda.

And the most irresponsible scaremongering action in aviation terms I have heard in a looooong time.

The talkback host and his part time host took it hook line and sinker and they swallowed the bait, I presume therefore so did their audience. Ex CASA boss twice 'n all.

If anyone wants a recording, PM me and I'll send you one.

[YCKT]

Geeez Gaunty.

While not caring to comment on the post, I am surprised even you would quote such a 'reputable' source as crikey.com

A subscriber are you

[gaunty]

Wise move and I'm amazed that you hadn't worked out that I am actually a cupboard socialist amongst other things. Simple to work out I am not.

Been a crikey subscriber and occasional contributor since almost day 1.

[Binoculars]

YCKT,

You are rather desperately clutching at straws seeking to pooh- pooh Crikey's credibility while refusing to answer the points made.

I doubt that Gaunty and I would find ourselves on the same side of the political fence on too many things, but the fact that we agree on the effectiveness of www.crikey.com.au as perhaps the only independent news/opinion site in the Australian media should alert you that you can't dismiss anything found on there simply because you don't like it.

Compare if you please the major media players, all with their own clear political bias, and think again.

[Uncommon Sense]

Indeed.

In fact it is the overwhelming lack of objective and truly investigative media in Australia that has contributed to what will probably, and unfortunatley, see a return of government for Howard tomorrow.

In the US and UK there is a lot of questioning by the media of the political incumbents about why their respective countries got engaged in Iraq on flawed and untrue grounds, and questions about treatment of prisoners of war held by the US. The pressure is sustained.

Here in Australia the public are disengaged from these big picture moral and ethical issues - the media seem to accept at face value when Howard, Downer and Ruddock dismiss it all with an arrogant wave of the hand and a mumble about 'intelligence at the time'. The problem is the media don't probe it.

Hardly surprising when you see Murdoch and Packer openly endorsing Howard. Hardly appropriate for media owners is it?.

That is why sites like Crikey are so important - the readership is not that great but it is growing quickly.

Hugh MacKay, the social researcher, reveals that the Australian public have disengaged from the political debate this election and have taken a very shallow stand on the parties - more concerned about a few pieces of silver than the issues that should affect theri concscience. It was backed up by pollsters and social researchers - to their universal dismay.

A product of the reality TV show generation? Who knows.

But Australia seems to have changed in to a much less caring, introspective and self obsessed society - coincident or otherwise with the reign of King Johnny.

Maybe we will end up with the government we deserve tomorrow, until we somehow regain a more esoteric view of the world.

A questioning and fearless media will help. Right now we don't have it. Supporting alternative media sources will help get it back.

[gaunty]

And to be even handed this minutes ago form Crikey

12. Dick Smith on the ATSB

Dick Smith writes:

Surely the saving of lives is more important than defamation action. Despite your article headed “Dick Smith’s latest defamatory dalliances” I have not claimed to have determined the cause of the fatal crash at Benalla.

I have however made it quite clear that Airservices do not use their radar properly to help prevent such crashes.

I have also made it clear that the ATSB is too close to the airlines and Airservices Australia. For example, the American equivalent to the ATSB, the NTSB (National Transport Safety Board) issues a preliminary report for an accident or serious incident within days. In the case of the serious Qantas incident at Canberra, it was two months before the story leaked via the Professional Pilots Rumour Network.

Of course the ATSB is not always consistent. With the so-called “incidents” at Launceston and Brisbane in relation to the introduction of the US airspace system in Australia (which the ATSB does not want) I note that they were making media comments within days. In the case of the Canberra Qantas incident it is very serious that the ATSB did not come clean right at the start as this is necessary to prevent further accidents.

Qantas were flying 1,600ft below the minimum safe altitude in darkness, playing a form of Russian roulette with the mountains which could have been 600ft higher than the altitude of the aircraft. Yes, I agree that at the time the Terrain Warning Unit alarm went off the ground was 2,500ft below. This was just luck. There could have been a mountain right in front of the aircraft.

Crikey appears to have a firm belief that Canberra bureaucracies are always competent. I suggest you ask the investors in HIH what they think of another four letter Government authority – APRA.

I have never claimed that the Qantas incident and the Benalla accident could have been avoided if the Australian airspace structure was designed to my specifications. I have said that they most likely would not have happened if Airservices had followed Government policy and introduced the US “NAS” airspace in Australia. That is because in the USA, all airspace used for instrument approaches is controlled airspace and pilots follow air traffic control directions using radar rather than a do it yourself, calling in the blind system.

Regards
Dick Smith

from an 720 ABC talk back radio interview with Liam Bartlett in Perth.

I’ll tell you the reason, the reason the need to change is that we’re going to have, we’re going to have crashes. Both of these, both the accident that killed six people if we’d bought in the modern international airspace system, made it controlled, that wouldn’t have happened, six people would have been alive today. This, this situation with Qantas that I’m describing to you, it was in, you can’t believe it, it was over Canberra, our Federal Capital, but it was in Class G, which is the dirt road airspace, uncontrolled airspace, blundering around at night.

[Icarus2001]

This stuff really is priceless!

I have never claimed that the Qantas incident and the Benalla accident could have been avoided if the Australian airspace structure was designed to my specifications.

No attempt to pretend it is the accepted & safe US system there!

That is because in the USA, all airspace used for instrument approaches is controlled airspace and pilots follow air traffic control directions using radar rather than a do it yourself, calling in the blind system.

So does that mean Twohorse Town Airstrip, that has a GPS-NPA mainly because the RFDS fly there, will now become controlled airspace? What sort of controlled airspace Dick ? C or E or D?

This only goes to show how incompatible the US airspace system is with Australia.

[Chimbu chuckles]

It's very sad in a fun sort of way to watch this tool self destruct

[Ogsplash]

I have refrained from commenting on DS actions despite having seen him 'lose it' at a meeting in Perth several years ago. I figured he would eventually 'go away'. I guess I was wrong.

But what really has my gander up now are his scurrilous accusations of the ATSB. While no organisation is perfect, in the 7 years I was in it I never saw the ATSB ever show favouritism to any organisation. Indeed, it went out of its way to be fair and not show favour.

People like DS appear to sprout accusations with no basis in fact, maybe because it panders to the popular press and the simpletons who believe in conspiracy theories behind every bush. I spent many a frustrated moment in the ATSB wanting it to respond to the likes of DS but the hierarchy chose to stay silent much of the time so as to not give any credence to such mutterings.

The likes of DS refuse to listen, refuse to back up any accusations with fact and appear to continue to get away with sprouting crap because they are rich and enjoy political favour.

When will they go away and let a professional approach to aviation in Australia prevail?

[gaunty]

Can someone refresh my memory about the aborted "G" airspace trials and Mr Smiths part in them?

And why he now refers to "G" airspace as dirt road?

I'm getting confused.

[Uncommon Sense]

It's not you that's confused Gaunty. It is the strange and mysterious battle of the various minds of Mr Smith.

When this all starts up again next week, all I can say is:

Dont Blame Me : I Voted Labor.

[because I have a conscience]

Good Luck Australia.