Pilot probe over mystery landing
PPRuNeaholic
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I'm currently in Cairns, having left on the morning of the court appearance (yesterday). However, here's what the Post Courier reported in today's paper...
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Pilot heads back to court
AN AUSTRALIAN pilot who was fined K250,000 for breaching aviation laws returns to court on Friday to apply for his passport and detained jet to be released.
Andrew Reid, pilot and owner of a Cessna Citation II (C550) jet that landed on Bougainville’s decommissioned Kieta airport at Aropa in September, was fined K50,000 and his airline company Tasman Australian Airlines Pty Ltd K250,000.
The Waigani District Court ruled last week that Reid and his co-pilot Peter McGee were guilty for breaching sections 277 and 278 of the Civil Aviation Act (2000).
The charges are that the duo operated an aircraft in a careless manner and were engaged in dangerous activity involving an aircraft.
Two other charges relating to the operation of an aircraft in a careless manner and causing or permitting an aircraft to be used in a manner that caused unnecessary danger to persons/property, were laid against the airline company of which Reid is the sole director.
The law firm representing the two pilots, Young and Williams, obtained stay orders from the National Court on the district court’s ruling that the fines had to be paid immediately after the court’s decision.
The orders halting enforcement of the decision remain in place until the determination of the appeal.
The pilots are arguing that the presiding district court magistrate, Ivo Cappo, erred by ordering that the fines be paid on the same day as the court handed down its decision, as it contradicted the principle of giving 30 days to guilty parties to appeal a decision.
Deputy Chief Justice Salamo Injia will chair Friday’s hearing.
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The Post Courier is available online :-
PNG Post Courier
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Pilot heads back to court
AN AUSTRALIAN pilot who was fined K250,000 for breaching aviation laws returns to court on Friday to apply for his passport and detained jet to be released.
Andrew Reid, pilot and owner of a Cessna Citation II (C550) jet that landed on Bougainville’s decommissioned Kieta airport at Aropa in September, was fined K50,000 and his airline company Tasman Australian Airlines Pty Ltd K250,000.
The Waigani District Court ruled last week that Reid and his co-pilot Peter McGee were guilty for breaching sections 277 and 278 of the Civil Aviation Act (2000).
The charges are that the duo operated an aircraft in a careless manner and were engaged in dangerous activity involving an aircraft.
Two other charges relating to the operation of an aircraft in a careless manner and causing or permitting an aircraft to be used in a manner that caused unnecessary danger to persons/property, were laid against the airline company of which Reid is the sole director.
The law firm representing the two pilots, Young and Williams, obtained stay orders from the National Court on the district court’s ruling that the fines had to be paid immediately after the court’s decision.
The orders halting enforcement of the decision remain in place until the determination of the appeal.
The pilots are arguing that the presiding district court magistrate, Ivo Cappo, erred by ordering that the fines be paid on the same day as the court handed down its decision, as it contradicted the principle of giving 30 days to guilty parties to appeal a decision.
Deputy Chief Justice Salamo Injia will chair Friday’s hearing.
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The Post Courier is available online :-
PNG Post Courier
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PNG Shenanigans
This published by Aviation International News.
What's a caper like this worth??????????
"Citation Pilots Convicted of Illegal Landing
Australian pilots Andrew Reid and Peter McGee have been convicted by a court in Papua New Guinea (PNG) of illegally landing at an unused airstrip on the island of Bougainville. The court imposed fines totalling more than $100,000, but the pilots avoided the 12-month jail terms that had been demanded by the south Pacific state’s civil aviation authority. In a sentence issued on December 10, the Waigini District Court also suspended McGee’s PNG commercial pilots license for 12 months. Both pilots are appealing the verdict, which found them guilty of “operating an aircraft in a careless and dangerous manner.” On September 30 Reid and McGee landed a Cessna Citation II owned by executive charter operator Tasman Australia Airlines at an abandoned airstrip in Aropa near a former mine. According to PNG newspaper The National, the aircraft was also carrying a cache of “high power” weapons and Noah Masingku, who is wanted in the country for alleged fraud. Tasman Australia Airlines, which, according to several media sources, is owned by Andrew Reid, is based at Paradise Point in the northern Australian state of Queensland. "
What's a caper like this worth??????????
"Citation Pilots Convicted of Illegal Landing
Australian pilots Andrew Reid and Peter McGee have been convicted by a court in Papua New Guinea (PNG) of illegally landing at an unused airstrip on the island of Bougainville. The court imposed fines totalling more than $100,000, but the pilots avoided the 12-month jail terms that had been demanded by the south Pacific state’s civil aviation authority. In a sentence issued on December 10, the Waigini District Court also suspended McGee’s PNG commercial pilots license for 12 months. Both pilots are appealing the verdict, which found them guilty of “operating an aircraft in a careless and dangerous manner.” On September 30 Reid and McGee landed a Cessna Citation II owned by executive charter operator Tasman Australia Airlines at an abandoned airstrip in Aropa near a former mine. According to PNG newspaper The National, the aircraft was also carrying a cache of “high power” weapons and Noah Masingku, who is wanted in the country for alleged fraud. Tasman Australia Airlines, which, according to several media sources, is owned by Andrew Reid, is based at Paradise Point in the northern Australian state of Queensland. "
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Sorry boys and girls given the time of the year I have had to step out for a while to gain some sanity or fresh air it is full of hot air in the court room
The appeal was initially heard at 1630 on Friday about 4 hours after the sentence was handed down.
Deputy Chief Justice Salamo Injia heard the matter in the national court and ordered a stay of 'execution' until the manner has completed appeal. He was surprised by the manner in which large monetary fines had been imposed and only 4 hours to arrangement payments.
This is in contradiction to the 30 days under the constitution which allows persons to lodged an appeal - but that item of law is naturally a mere oversight.
On Tuesday 14th Dec the matter appeared in court again, this time for the release of Mr. Reids passport and Tasman Australian Airlines aircraft. Both were adjourned under Friday 17th given the CAA's objection that the aircraft should remain as collateral against the costs of the prosecution.
The simple manner that costs for such a prosecution are a civil claim to be made under Civil Av Act 306 has nothing to do with the retention of the aircraft by the CAA under section 56 of the act.
Quite basically in law - the aircraft is retained as it is dangerous - so watch out for this aircraft it may need a very special pilot to fly it
The detention of the passport is another issue - it is merely the starvation policy at work. It is also a delaying factor until the real reason for the visit can be established. This shows it is not a CAA matter but those sinister forces
Bozzo - answer for you probably a cool million bucks (real money USD) of course. But we all just have to wait !!!! Don't we Ozexpat ?
The appeal was initially heard at 1630 on Friday about 4 hours after the sentence was handed down.
Deputy Chief Justice Salamo Injia heard the matter in the national court and ordered a stay of 'execution' until the manner has completed appeal. He was surprised by the manner in which large monetary fines had been imposed and only 4 hours to arrangement payments.
This is in contradiction to the 30 days under the constitution which allows persons to lodged an appeal - but that item of law is naturally a mere oversight.
On Tuesday 14th Dec the matter appeared in court again, this time for the release of Mr. Reids passport and Tasman Australian Airlines aircraft. Both were adjourned under Friday 17th given the CAA's objection that the aircraft should remain as collateral against the costs of the prosecution.
The simple manner that costs for such a prosecution are a civil claim to be made under Civil Av Act 306 has nothing to do with the retention of the aircraft by the CAA under section 56 of the act.
Quite basically in law - the aircraft is retained as it is dangerous - so watch out for this aircraft it may need a very special pilot to fly it
The detention of the passport is another issue - it is merely the starvation policy at work. It is also a delaying factor until the real reason for the visit can be established. This shows it is not a CAA matter but those sinister forces
Bozzo - answer for you probably a cool million bucks (real money USD) of course. But we all just have to wait !!!! Don't we Ozexpat ?
PPRuNeaholic
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Absolutely KK! And I'm here in Australia, waiting just as fast as I can! 
I reckon it'll still be going hot and strong by the time I get back, early January... 
Merry Christmas anyway, Mr Court Reporter, and all the best for the new year!
And I'm here in Australia, waiting just as fast as I can! I reckon it'll still be going hot and strong by the time I get back, early January... Merry Christmas anyway, Mr Court Reporter, and all the best for the new year!
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Deputy Chief Justice Injia made the following Fri 18th Dec rulings:
As Mr. Reid and Tasman Australian Airlines have paid the total fines imposed by the Magistrates court last Fri 10th Dec that the passport for Mr Reid be returned and the aircraft VH-WNZ Citation II be permitted to leave the country.
The prosecution lawyers (Gadens) were no very happy with this instruction as they had been wanting the aircraft to remain as collateral for the costs of securing the prosecution.
It was noted by the Judge that not only is this a breech of a persons constitutional rights as far as sentencing. But the matter of retrieving such a debt is a civil matter and shoudl be dealt with as required by the civil aviation act section 306.
The stay however, that is of the fines being released to the central revenue and convictions letters being registered remain and will continue until the appealed is completed.
The appeal is adjourned with a date yet to be set - it will take at least two months and is definately on a point of the law and conduct of the trial moreso that the initial events.
As Mr. Reid and Tasman Australian Airlines have paid the total fines imposed by the Magistrates court last Fri 10th Dec that the passport for Mr Reid be returned and the aircraft VH-WNZ Citation II be permitted to leave the country.
The prosecution lawyers (Gadens) were no very happy with this instruction as they had been wanting the aircraft to remain as collateral for the costs of securing the prosecution.
It was noted by the Judge that not only is this a breech of a persons constitutional rights as far as sentencing. But the matter of retrieving such a debt is a civil matter and shoudl be dealt with as required by the civil aviation act section 306.
The stay however, that is of the fines being released to the central revenue and convictions letters being registered remain and will continue until the appealed is completed.
The appeal is adjourned with a date yet to be set - it will take at least two months and is definately on a point of the law and conduct of the trial moreso that the initial events.
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Gadens losing out
Red faced prosecution lawyers acting for the PNG CAA yesterday as the mystery jet and owner flown out by CAA staff member.
VH-WNZ the mystery jet as labeled by the leading PNG Daily newspaper - Post Courier departed Port Moresby bound for Brisbane flown by a newly endorsed PNG CAA Captain and Mr. Reid the aircraft owner.
The CAA prosecution lawyers are facing the outcome of the appeal which is based on their incompetence in conducting the case moreso than the legal minefeild surronding it.
Mr. Robert Lindsay lawyer started the case and ran it quiet well, however, the senior counsel stepped in and took over the day of the trial proper without actually having studied aviation law or even new of an AIP. So from day one the hijacked high profile case started to loose steam.
We all wait now for the outcome - the mystery jet is back at home, the crew invovled are back at home - all in time for christmas.
VH-WNZ the mystery jet as labeled by the leading PNG Daily newspaper - Post Courier departed Port Moresby bound for Brisbane flown by a newly endorsed PNG CAA Captain and Mr. Reid the aircraft owner.
The CAA prosecution lawyers are facing the outcome of the appeal which is based on their incompetence in conducting the case moreso than the legal minefeild surronding it.
Mr. Robert Lindsay lawyer started the case and ran it quiet well, however, the senior counsel stepped in and took over the day of the trial proper without actually having studied aviation law or even new of an AIP. So from day one the hijacked high profile case started to loose steam.
We all wait now for the outcome - the mystery jet is back at home, the crew invovled are back at home - all in time for christmas.
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I personaly dont know much about this topic but I have just read the 20th of December Issue of the TIME magizine. It has an article about this subject.
Initial paragraph reads "TIME takes a rare trip to troubled Bouganville, on the murky trail of cranks and conmen"
Initial paragraph reads "TIME takes a rare trip to troubled Bouganville, on the murky trail of cranks and conmen"
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Slow wheels of justice !!
Well - it may seem very quiet on the court circuit in PNG - must be plenty of other things that are more pressing (ECP, DPM polcitical writs etc...)
The initial appeal heard on the 18 Dec was before court again in Mar whereby the Magistrate court (District Court) did not have any paperwork on the case. A directive was made by the court that all paperwork associated with the case be assembled and bought before the court by mid April.
On the 3rd of May Deputy Chief Justice Inja had to make a court order that the clerks of the District court hand over a deposition stating why there are no records, or produce the records before the National Court by 9:30 am Thursday 26 May.
Amazingly after six (6) months the depositions of the lower court where received at the National Court along with the associated 'missing' files. The appeal case adjourned until the 10th June. This adjournment sought by the prosecution in the case (The CAA) to ensure that all documents are present. Surely the prosecution have had their day - how can more evidence be entered ? The judicial process in this case seems a little twisted, however the authenticity of the records are also to be studied by the defence to ensure they have not been altered.
Given the 'political sensitivity' of this case and the recent Foreign Correspondent report ABC 19th May, it would seem the wheels of justice have been slowed awaiting the outcome of the Bougainville elections and the connexion between the Australian 'visitors' on Bougainville and the aircraft flight.
For all involved the only winners are the lawyers - their interest in dragging out the fees mustn't be discounted.
The initial appeal heard on the 18 Dec was before court again in Mar whereby the Magistrate court (District Court) did not have any paperwork on the case. A directive was made by the court that all paperwork associated with the case be assembled and bought before the court by mid April.
On the 3rd of May Deputy Chief Justice Inja had to make a court order that the clerks of the District court hand over a deposition stating why there are no records, or produce the records before the National Court by 9:30 am Thursday 26 May.
Amazingly after six (6) months the depositions of the lower court where received at the National Court along with the associated 'missing' files. The appeal case adjourned until the 10th June. This adjournment sought by the prosecution in the case (The CAA) to ensure that all documents are present. Surely the prosecution have had their day - how can more evidence be entered ? The judicial process in this case seems a little twisted, however the authenticity of the records are also to be studied by the defence to ensure they have not been altered.
Given the 'political sensitivity' of this case and the recent Foreign Correspondent report ABC 19th May, it would seem the wheels of justice have been slowed awaiting the outcome of the Bougainville elections and the connexion between the Australian 'visitors' on Bougainville and the aircraft flight.
For all involved the only winners are the lawyers - their interest in dragging out the fees mustn't be discounted.
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It appears that Jeffrey Richards (AKA Prince Jeff) has made a public appearance. During the foreign correspondence report he was sighted in the front seat of the fourwheel drive carrying Ona's supporters from Guava village.
I am unsure as to what the administrator means by public condemning the man - how about arresting him under suspicion of inciting public mischief or overstaying his business visa ?
It is a pity the actions here are affecing the judicial process in POM. Check out http://www.thenational.com.pg/0523/nation4.htm for the latest installment.
I am unsure as to what the administrator means by public condemning the man - how about arresting him under suspicion of inciting public mischief or overstaying his business visa ?
It is a pity the actions here are affecing the judicial process in POM. Check out http://www.thenational.com.pg/0523/nation4.htm for the latest installment.
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Sapphire or Gilbeys ?
It would be an honour Expat there is much to catch up on - the date seems mysteriously convenient to me as well. Should get some confirmation later this week.
No more importantly - Which gin shall we get on the way in ???
No more importantly - Which gin shall we get on the way in ???
