Ex-Marshall's Spitfire Mk VIIIc MV154 Going to Germany
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Ex-Marshall's Spitfire Mk VIIIc MV154 Going to Germany
Ex-Marshall's Spitfire Mk VIIIc MV154 bought by a German warbird operator.
At last it is leaving UK and going to a presumably reputable owner.
So much for the disreputable UK spives who illegally spirited it out of Australia so many years ago.
Presumably now UK is on it's uppers and the fast money boys (banker aka ******) are having to liquidate a few assets.
John
At last it is leaving UK and going to a presumably reputable owner.
So much for the disreputable UK spives who illegally spirited it out of Australia so many years ago.
Presumably now UK is on it's uppers and the fast money boys (banker aka ******) are having to liquidate a few assets.
John
Last edited by rjtjrt; 20th Feb 2010 at 04:37. Reason: Spelling
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THE ONE THAT GOT AWAY
HISTORY
Model HF Mk. VIIIC
Serial MV154
Built at Supermarine's Southampton Factory, 1944.
Delivered to RAF as MV154.
Assigned to 6 MU, Sept. 1944.
Delivered to RAAF as A58-671
Stored, crated, RAAF Richmond, NSW, 1944-1949.
Sydney Technical College, Ultimo, NSW, Sept. 1949-1961.
Aubrey John ("Titus") Oates, Sydney, NSW, 1961.
Sid Marshall, Bankstown, NSW, 1963-1975.
Open storage in yard, Bankstown Airport.
Jack P. Davidson, Bankstown, NSW, 1975-1977
Brian A. Simpson, May 1977-1979
Illegally exported to UK from Sydney, Sept. 18, 1979.
Robs J. Lamplough, Duxford, UK, Sept. 1979-1982.
Stored off airfield, pending restoration.
Fighter Wing Display Team Ltd, Duxford, Dec. 23, 1982.
Robs J. Lamplough/The Air Museum (North Weald) Ltd, North Weald, 1982-2002.
Rebuilt to airworthy.
First flight May 28, 1994.
Question No. 3307
Mr Les Johnson asked the Minister for Industry and Commerce, upon notice, on 14 October 1981:
(1) Following the conclusion of legal proceedings against certain parties concerning the illegal export from Australia of a rare Spitfire Mk VIII MV 154 will the Government pursue the return of this aircraft to Australia now that the case has finished.
(2) What steps are being taken to prevent the possible future illegal exporting of historical aircraft.
(3) Will the penalties for the export of historical aircraft or artifacts be increased.
(4) If the Government is not to proceed with attempts to recover the Spitfire, what are the grounds for not doing so.
Mr Peacock —The answer to the honourable member's question is as follows:
(1) and (4) The Secretary of the Attorney-General's Department has advised the Comptroller-General of Customs that an English court would probably not enforce a claim by the Commonwealth based on the forfeiture provisions of section 229 of the Customs Act 1901 and has advised against the instituting of proceedings in the United Kingdom. The then Minister for Business and Consumer Affairs accepted that advice and I have found no reason to disagree with that decision. Proceedings to recover possession of the aircraft to which the honourable member refers will not be instituted in the United Kingdom.
(2) The Department of Industry and Commerce exercises control over such exports through the Customs (Prohibited Exports) Regulations. Offences or attempted offences against this legislation render the persons concerned subject to the penal provisions of the Customs Act including the forfeiture of the goods concerned.
It would seem that there are persons who are prepared to become involved in schemes to circumvent known Customs controls over the export of aircraft of historical interest. Assurance is given that the Department will investigate such attempts and take appropriate action wherever necessary.
(3) Yes. Legislation recently passed by Parliament, but not yet proclaimed, increases the penalties from $1,000 to $50,000 or three times the value of the goods (where the Court can determine the value), whichever is the greater.
THE ONE THAT NEARLY GOT AWAY
JOURNAL OF THE AUSTRALIAN CUSTOMS SERVICE VOLUME 4 No 2 OCTOBER 2001 31
The actions, in 1979, of Sydney
Customs officers stopped the
illegal export of a World War
II German fighter plane, the
Messerschmitt Bf 109.
On its arrival in Australia, the Bf
109 was accessioned by the
Australian War Memorial (AWM),
but the plane remained in its crates
at No. 1 Aircraft depot, Laverton,
Victoria, and then Tocumwal, NSW,
until it was relocated to the
completed War Memorial store at
Duntroon, Canberra, in 1955. The
Bf 109 stayed packed away at
Duntroon until 1963 when the
AWM Board of Trustees gave
permission for the Bf 109 to be sold
to a Mr B. Wetless, of Illawarra
Flying School, for 250 pounds.
Finally, in February 1964, the Bf 109
went on display, but not until
another change of ownership
occurred. Mr Sid Marshall, of
Marshall Airways, bought the
plane from Mr Wetless. Mr
Marshall hung the plane in his
hangar at Bankstown.
In 1979, some years after the death
of Mr Marshall, the Bf 109 came to
the attention of a British collector
who sought to export the aircraft to
Britain. It was at this stage of the
plane’s journey that Customs
officers became involved.
An export permit for the Bf 109
was denied due the rarity and
historical significance of the plane.
Customs officers had been alerted
to the movements of the plane and
placed the Bankstown Airport on
24-hour surveillance for several
weeks before the plane was packed
in air cargo crates and prepared for
export. On 3 December 1979,
Customs officers opened the crates
to reveal the Messerchmitt in pieces
without an export permit. The
crates were seized by the
Commonwealth and placed in
storage at an Air Force base at
Regents Park, NSW, while legal
proceedings were undertaken.
The case was eventually settled in
1987 when solicitors acting for the
British collector filed a notice of
discontinuance, with each side
paying its own costs and the
verdict for Customs.
Vintage aircraft enthusiasts around
the country were divided as to who
should be given the seized plane,
and whether it should be kept in
Australia. Questions were asked
in Parliament on a regular basis as
progress of the investigation, as
allegations of a deal to swap the
Messerschmitt for a less significant
aircraft were made.
After long legal proceedings,
Customs won possession of the
plane and handed it back to the
AWM in 1987. Since then, the
Messerschmitt has remained in
parts in a storage centre in
Canberra. Curators will need to
carefully remove some paint from
the propeller and wings before the
plane can be fully reassembled.
“Had it not been for the diligence
of Customs officers, Australia
would have lost one of its rarest –
irreplaceable – aircraft specimens,”
the Aircraft magazine reported in
1980.
The Australian War Memorial
values this plane as part of its
collection and is looking forward to
resurrecting it so that it can take its
place on display in the newly built
ANZAC Anzac hall at the
Australian War Memorial for all to
observe and understand its
significance in history.
HISTORY
Model HF Mk. VIIIC
Serial MV154
Built at Supermarine's Southampton Factory, 1944.
Delivered to RAF as MV154.
Assigned to 6 MU, Sept. 1944.
Delivered to RAAF as A58-671
Stored, crated, RAAF Richmond, NSW, 1944-1949.
Sydney Technical College, Ultimo, NSW, Sept. 1949-1961.
Aubrey John ("Titus") Oates, Sydney, NSW, 1961.
Sid Marshall, Bankstown, NSW, 1963-1975.
Open storage in yard, Bankstown Airport.
Jack P. Davidson, Bankstown, NSW, 1975-1977
Brian A. Simpson, May 1977-1979
Illegally exported to UK from Sydney, Sept. 18, 1979.
Robs J. Lamplough, Duxford, UK, Sept. 1979-1982.
Stored off airfield, pending restoration.
Fighter Wing Display Team Ltd, Duxford, Dec. 23, 1982.
Robs J. Lamplough/The Air Museum (North Weald) Ltd, North Weald, 1982-2002.
Rebuilt to airworthy.
First flight May 28, 1994.
Question No. 3307
Mr Les Johnson asked the Minister for Industry and Commerce, upon notice, on 14 October 1981:
(1) Following the conclusion of legal proceedings against certain parties concerning the illegal export from Australia of a rare Spitfire Mk VIII MV 154 will the Government pursue the return of this aircraft to Australia now that the case has finished.
(2) What steps are being taken to prevent the possible future illegal exporting of historical aircraft.
(3) Will the penalties for the export of historical aircraft or artifacts be increased.
(4) If the Government is not to proceed with attempts to recover the Spitfire, what are the grounds for not doing so.
Mr Peacock —The answer to the honourable member's question is as follows:
(1) and (4) The Secretary of the Attorney-General's Department has advised the Comptroller-General of Customs that an English court would probably not enforce a claim by the Commonwealth based on the forfeiture provisions of section 229 of the Customs Act 1901 and has advised against the instituting of proceedings in the United Kingdom. The then Minister for Business and Consumer Affairs accepted that advice and I have found no reason to disagree with that decision. Proceedings to recover possession of the aircraft to which the honourable member refers will not be instituted in the United Kingdom.
(2) The Department of Industry and Commerce exercises control over such exports through the Customs (Prohibited Exports) Regulations. Offences or attempted offences against this legislation render the persons concerned subject to the penal provisions of the Customs Act including the forfeiture of the goods concerned.
It would seem that there are persons who are prepared to become involved in schemes to circumvent known Customs controls over the export of aircraft of historical interest. Assurance is given that the Department will investigate such attempts and take appropriate action wherever necessary.
(3) Yes. Legislation recently passed by Parliament, but not yet proclaimed, increases the penalties from $1,000 to $50,000 or three times the value of the goods (where the Court can determine the value), whichever is the greater.
THE ONE THAT NEARLY GOT AWAY
JOURNAL OF THE AUSTRALIAN CUSTOMS SERVICE VOLUME 4 No 2 OCTOBER 2001 31
The actions, in 1979, of Sydney
Customs officers stopped the
illegal export of a World War
II German fighter plane, the
Messerschmitt Bf 109.
On its arrival in Australia, the Bf
109 was accessioned by the
Australian War Memorial (AWM),
but the plane remained in its crates
at No. 1 Aircraft depot, Laverton,
Victoria, and then Tocumwal, NSW,
until it was relocated to the
completed War Memorial store at
Duntroon, Canberra, in 1955. The
Bf 109 stayed packed away at
Duntroon until 1963 when the
AWM Board of Trustees gave
permission for the Bf 109 to be sold
to a Mr B. Wetless, of Illawarra
Flying School, for 250 pounds.
Finally, in February 1964, the Bf 109
went on display, but not until
another change of ownership
occurred. Mr Sid Marshall, of
Marshall Airways, bought the
plane from Mr Wetless. Mr
Marshall hung the plane in his
hangar at Bankstown.
In 1979, some years after the death
of Mr Marshall, the Bf 109 came to
the attention of a British collector
who sought to export the aircraft to
Britain. It was at this stage of the
plane’s journey that Customs
officers became involved.
An export permit for the Bf 109
was denied due the rarity and
historical significance of the plane.
Customs officers had been alerted
to the movements of the plane and
placed the Bankstown Airport on
24-hour surveillance for several
weeks before the plane was packed
in air cargo crates and prepared for
export. On 3 December 1979,
Customs officers opened the crates
to reveal the Messerchmitt in pieces
without an export permit. The
crates were seized by the
Commonwealth and placed in
storage at an Air Force base at
Regents Park, NSW, while legal
proceedings were undertaken.
The case was eventually settled in
1987 when solicitors acting for the
British collector filed a notice of
discontinuance, with each side
paying its own costs and the
verdict for Customs.
Vintage aircraft enthusiasts around
the country were divided as to who
should be given the seized plane,
and whether it should be kept in
Australia. Questions were asked
in Parliament on a regular basis as
progress of the investigation, as
allegations of a deal to swap the
Messerschmitt for a less significant
aircraft were made.
After long legal proceedings,
Customs won possession of the
plane and handed it back to the
AWM in 1987. Since then, the
Messerschmitt has remained in
parts in a storage centre in
Canberra. Curators will need to
carefully remove some paint from
the propeller and wings before the
plane can be fully reassembled.
“Had it not been for the diligence
of Customs officers, Australia
would have lost one of its rarest –
irreplaceable – aircraft specimens,”
the Aircraft magazine reported in
1980.
The Australian War Memorial
values this plane as part of its
collection and is looking forward to
resurrecting it so that it can take its
place on display in the newly built
ANZAC Anzac hall at the
Australian War Memorial for all to
observe and understand its
significance in history.
Here is MV154 being unloaded at Roselands Shopping Centre in Sydney on 6 January 1967. The aircraft was part of a temporary aviation display which also included Sid's Oscar, the Mustang A68-175 and Victa Gyrocopter VH-MVB. That's Sid under the tail of the Spitfire supervising the unloading.
It is still happening. An extreemly rare Junkers A20 Junior was exported without heritage consent last year from Port Maquarie to Germany.
Heratige has been informed and the silence was deafining.
Heratige has been informed and the silence was deafining.
