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Old 6th Nov 2011, 18:41
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A video dosnt lie!!!..think so??. The fact that CASA accepted a tourist video as "EVIDENCE" in itself is appalling. Hell I have videos taken on approach where you'd swear the aircraft was upside down.
Its being held in the hand, and the hand can wander and tilt to convey all sorts of interesting affects. People take joy rides for many reasons, to the average punter its an exciting thing to do, bragging rights in the pub on how awsome it was... "there we were upside down with nothing on the clock but the makers name...etc." Its one of the reasons why people get on roller coasters...easy to understand a punter realising his "Joy flight" is a tad staid, manipulates the camera to make it seem a little more death defying and CASA take this as "EVIDENCE".
So what now?
"Who let the dogs out??"...It appears the Skulls attack dogs are out of control, rumours of more and more shutdowns, via nefarious cancellation of licences, senior check pilots busted back to student licences,intimidation of chief pilot candidates and more. Strangely the same couple of CASA names keep bobbing up in all these events.
Is it now becoming an imperative that an operator must fit recording devices to their aircraft to protect their pilots and AOC from CASA?
I have heard rumours of operators having to continually defend themselves to CASA against accusations of wrong doing, where the confidential reporting system is being used by competitors to create mischief.
Got forbid what sort of environment now exists to try and run a business?
it would seem the regulator is now at war with the industry, shades of the STASI. Where are the guys with probity that Kharon quotes?

Last edited by thorn bird; 7th Nov 2011 at 04:28.
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Old 6th Nov 2011, 20:26
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G'day
Thanks for everyones answer to the question I asked.
After studying the video on Paul's site, I can see why there is doubt over the ruling made by AAT. Even more doubt about the particular FOI's reasoning to pursue what seems to me now to be a vindictive processing of John's case.
As far as it being "risable" that John couldn't remember a particular flight, I would struggle to remember a servicing a carried out last month let alone a year ago.

And yes, there are definitely birds in frame.
Cheers
BH
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Old 7th Nov 2011, 08:48
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Well!! Well!! Mr. Blackhand you amaze me!!
A Casasexual and you actually think CASA may have got it wrong!!
Some small consolation for the young man who has had his career destroyed,his bank balance depleted, and his reputation trashed.
All this at the hands of a totally unaccountable bureaucrat with delusions
of grandeur, who appears to have manipulated the law to prove a point.
No doubt the good director will be promoting him in the near future.
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Old 7th Nov 2011, 09:08
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Some of you might recall the EFATO turnback video Chimbu Chuckles and I put together some time back, we flew each turn back accurately at 45 degrees AOB with some pitch up etc.. I was showing some pilots this video on Saturday night explaining the "know your aeroplane" mantra, and they all thought it was past 45 degrees more like 60 just because of the illusion as per Johns video.

So I would challenge CASA to look into this a bit closer and have some balls, and apply for everything to be overturned as they know know the corked up!

Whats the chances?
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Old 7th Nov 2011, 11:53
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Jaba, the chances are slim. Your skills would by far and wide put to shame these assclowns. They do not like a fair playing field, and even if they accepted your challenge you would lose either way, you may win the legitimate challenge but you would be punished by sore losers with no accountability and an endless bucket of money to fight you into bankruptcy.

The rhetoric, bureaucratic dribble and verbal wankery that the Skull disseminates monthly is a further testament to wasting taxpayer
funds. Senior management are a joke. There are some credible and genuine inspectors within the ranks, but the narcissistic manner in which senior management operate and surround themselves with fellow bullies is reflected down the line. The mighty broom needs to be weilded, starting at the top of the daisy chain and getting rid of Mr Angry, Deputy 'has-been pilot' and His offsider the Voodoo witchdoctor. Next comes the field office managers and assorted project, policy and other BS management positions, then inspector team leaders, we all know the ones, the bullies who have a swag of internal and industry complaints against them, but of course nothing is ever done.

Geez that is just for starters, then and maybe then, could you rebuild the workforce, throw in some accountability, and hell you could even implement standards, processes and systems that work !
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Old 7th Nov 2011, 12:59
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Gobbles, Jaba,

I agree with you both. I might be simplistic, but to me the decision that has come about, despite the quality of the analysis of the video by some 3rd parties is unrealistic.

The fact I stare at, is that the DPP's opinion that there was not enough evidence to prosecute this guy and get a qualified criminal conviction, should have been backed up by the AAT.

I'm no legal eagle, but to me that is wrong. If CASA cannot get a conviction recorded in the regular courts (or enough evidence to get that far), then the pilots application to the AAT should have been upheld.


Maybe this is something Sir Xenophone needs whacking on the back of the head about. He seems a reasonable bloke (despite the fact i hate him) who knows right from wrong.

In my lowly aviation experience, i've been on the end of 2 CASA ramp checks, the first wasn't too bad, they checked my documentation, and questioned me on my preperation. No probs there, and then gave me some tips on local operations.

The second one..if i had my chance again, i'd punch the CASA FOI in the mouth. He was arrogant, and overstepped his authority. I dropped into Avalon East with max POB in a warrior. His first line was that he wasn't going to bother asking me for my W&B calcs as he could see I was overweight.
By this time my Pax had dissembarked. I replied that when I departed my home port I was 45kg below max. With that he rips off the closest tank cap and says no fuel in there, proceeds to the other wing, rips the cap off and states not much fuel in there either. I had more than enough fuel for the mission required and had done my sums.

This FOI crossed several boundaries..................the worst i'll make number one.

1) he discussed a low (?) fuel status in front of uniformed passengers (non pilots)
2) He unlawfully interfered with an aircraft. He had NO permission to touch the aeroplane, much less interfere with the fuel system. Had I been as informed as I am now, I would have told everyone to stay where they were, grabbed the nearest copper and had the prick arrested.

No pilot wants their passengers to have an unneccesary fear put into them! They trust you, and to have some muppet come along looking for a promotion to break that trust just wants me to bang em in the head.


That all being said, I am still at a loss as too why the AAT upheld CASA's decision with no conviction

Jas
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Old 9th Nov 2011, 01:28
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All this at the hands of a totally unaccountable bureaucrat with delusions of grandeur, who appears to have manipulated the law to prove a point. No doubt the good director will be promoting him in the near future.
Such acts don't happen at the hands of a single Burorat! The system right up to the top permits it, probably even encourages it!! No doubt the failure to disclose such a CDPP decision in the tribunal documents (I am presuming) was the reason the impact was not considered vital in the ultimate decision. Surely such a decision (CDPP) not to prosecute is not made lightly.

CASA LSD would naturally exclude anything that would be negative to their case as they are trained to do in an "adversarial" legal system. If lies won't win, just don't bring up the subject, who's to know. And should the victim go so far as to refer to Freedom of Information, well then there is the Client Legal Privilege, a Win Win situation? the true example of the Model Litigant.
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Old 9th Nov 2011, 05:14
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@Thornbird
Well!! Well!! Mr. Blackhand you amaze me!!
A Casasexual and you actually think CASA may have got it wrong!!
And you sir are an unmitigated fool.
You seem to take what is written by others as verbatim truth, when it may be one or the other.
Hiding behind an anonymous forum and trying to insult me says more about your character than mine.
You are unable to present an argument without personal attack.

Perhaps you would like to meet and discuss this further.
Is it now becoming an imperative that an operator must fit recording devices to their aircraft to protect their pilots and AOC from CASA?
No the recording devices are needed so you pilots stop lying about the hours you fly on the MR.
Cheers
BH

Last edited by blackhand; 9th Nov 2011 at 05:25.
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Old 9th Nov 2011, 06:46
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One only has to read these forums to see that aviation is full of opinionated ego heads, folks quick to point the bone and only too happy to spread innunendo, gossip and plain untruths about their fellow pilots. GA has never been able to acheive consensus on anything and has always been full of quick to judge then execute individuals.

My question is why are you so surprised when CASA use the same tactics? CASA are nothing more than a reflection of the industry they serve.
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Old 9th Nov 2011, 09:17
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Clinton,
Quite right, in the AAT every "defendent" I have seen is more focussed on arguing the Regulator is presenting evidence that is flawed rather than mounting a credible defence based on evidence that is irrefutable such as using the "R44" as you rightly put.

It becomes a "we said, she said, they all said" type anecdotal rant rather than substantive evidence.

In most of the cases where substantive evidence has been presented by the defence the AAT has found against CASA.

Over use of expert witnesses seem to cloud the issues and the matters become mired in conjecture.
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Old 9th Nov 2011, 21:02
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Fit a baby Dynon or similar device in your helo and connect it to a GPS, download the data every night. If you have done wrong it will be clear, if not you will have the data every second of the trip.
Good idea!

How can one contact Nick Xenaphon?
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Old 9th Nov 2011, 22:54
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Hey Clinton, have things gone a little quiet in Fort Fumble's silo of incompetence in Canberra? Not much work to do since some of these legal issues have been squared off, and you now have extra time to retort to Mr Phelan's articles? Where is your buddy flying fiend, he too has gone quiet?

Although you ramble on about how a fair and transparent process exists within CASA, you and your mate have still not answered my question that I have twice put to you - When will the regulatory reform program be completed? You may be happy to spend time chasing naughty chopper pilots into court, porsecuting industry for not wearing reflective vests in a hangar and visiting ICAO in Montreal and consuming canope's, cucmber sandwiches and herbal tea and other such high level activities, but one would have thought that implementing an efficient regulatory system expeditiously, especially considering lives have been lost due to the inefficiencies of the current program (refer Seaview, you will remeber) ?
So far, 23 years and counting is an abysmal effort in which heads should be held in shame. Do you not agree that 23 years and counting is a disgraceful effort?
Again I ask, When will the regulatory reform program be completed?

And to anticipate the rabble’s usual rant: successive governments of every flavour have been comfortable, over a period of decades, with the existence of these administrative powers and processes in a variety of regulatory contexts.
Successive governments comfortable with lives that have been lost as a result of inefficient governance and regulations on behalf of the oversighting authority, and the inabilty to implement workable regulations after 23 years? Wow, a record you must truly be proud of!
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Old 9th Nov 2011, 23:23
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Clinton McKenzie:

Mr Phelan evidently had the time and inclination to apply his formidable experience and analytical skills to analysing the video and relevant technical issues, in considerable depth. I can only speculate as to why that didn’t happen before or during the hearing of the matter, so as to assist Mr Quadrio and the AAT.
With respect Clinton, that is not the issue. The issue is why didn't CASA either make a wooden mockup and study the geometry like Paul Phelan did, or better still, and with the cooperation and/or participation of Quadrio, do what I suggested and replicate the video in a real R44?

Nope, instead CASA shot from the hip and jumped a mile to a conclusion.

For all I know Quadrio is indeed guilty as charged by CASA and deserves to lose his license, but that is not obvious from any of the proceedings nor the video. It appears to me that CASA is not interested in the concepts of "procedural fairness" nor "Natural justice" unless it is defending one of its own.

CASA worries me now to the extent that if I ever procure an aircraft I will fit a data logger, and if I ever see a CASA person heading in my direction I will record any conversation with them, or at least not talk to them without my own witness being present.

At my stage in life I have no wish to get involved in some fight with CASA over anything. I prepare for flight to the best of my abilities, but I am quite sure that an inspector in a bad mood can always find something. This is why I will never go to the Birdsville races or any other major fly in. I just don't need the stress associated with encountering "the inspector from hell" of the type mentioned by "Jaz44zzk" above.

Last edited by Sunfish; 10th Nov 2011 at 03:39.
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Old 10th Nov 2011, 01:40
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Clinton,

I would also agree with Sunfish's post above.

Not sure of what level of influence you have in this matter, but I am firmly convinced that CASA have cocked this up, and in the least should really have a clear objective view and maybe by chance folk will come to the conclussion as Sunnie has above.

It does seem plain as day to me how this case is severely flawed and unjust.

The fact that one of the expert witnesses whom I might add knows more about angles of bank and landing on floating landing area's than all of CASA combined was questioned on his experience tells me that CASA had not done even the most basic homework and that they were very much out of their depth before it started.

They then based this all on an edited youtube video, by a dellussional lier, who was a criminal in prison.

Seriously, if this was not so serious, it would actually be funny. It's time for people and organisations to stop hiding behind a smoke screen of defense of their errors, and show some leadership and admit to their mistakes. This would be a good start.

BTW........ I have no connection with Mr Q....whatever his name is. I have just read the reports.

What you say Clinton? A worthy challenge?
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Old 10th Nov 2011, 01:41
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Folks,
It's very sad that we have got to the stage where quite a few professional people I know (Sunfish is far from alone in his decision) will no longer fly as pilot in command, and/or attend major flying gatherings, for fear of the professional consequences of losing a head butting contest with an FOI with attitude --- I can relate several horror stories from Birdsville.

---- and there are a few, those of us (still) in the aviation sector who can name names.

What I am seeing increasingly (it seems to go in cycles, shades of the latter days of CAA) are extreme and/or novel interpretations of long standing regulations. Such has been the case in (amongst others) Avtex and Polar Air.

As to John Quadrio, as I read the judgement, the case was lost when Quadrio and his legal team failed to convince the Tribunal that the high angles of bank did not occur in the manner alleged by CASA.

The rest of the judgement logically followed. Reread Paul Phelan's details about finding the birds on the video.

As Clinton make clear, there is a big difference between an administrative action (and the level of "proof" required) and a criminal finding.

Nevertheless, I find it profoundly disturbing that that such severe administrative action, that it has effectively ended John Quadrio's aviation career, should be taken, when the CDPP did not proceed with the allegation of criminal offenses.

Tootle pip!!
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Old 10th Nov 2011, 04:47
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No reflection...

Ausssie Bob... while there may be many disparate egos in the GA industry, you are very wrong to lump aviators in with the CASA mind set.

Some CASA persons are drunk (pissed out of their tiny minds!)on the "power" they are able to wield... at taxpayers expense of course. Anything goes!
Do as I say.. not do as I do.

The perversity, the lack of integrity and moral fortitude is boundless... and those of us that have been dealt a crap hand by CASA have every right to heap disdain on the completely unchecked, unlead, rotten "authority".

You can rest assured they can dish it out, but they sure as hell can't hack it if it bites back.

Onya! Sunfish... be careful about making statements about not talking to CASA persons alone and noting, recording and having a witness to everything...
you might just get a threat letter from the AGS/ Aust Govt Solicitor, sicced onto you by CASA, for using yr right of free speech for making such comments.
Wanna see my copy?... its a classic of bluff and bureaucratic BS.
But for those of evil intent that have the "power"... anything goes.

It should be a subject for ALL pilots. Self Protection Methods : Legal 101.
Talk to a CASA person alone... at your peril.
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Old 10th Nov 2011, 06:16
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Thy for all your feedback.

I am John Quadrio, now that all the court cases are over i can answer your questions. I will promise to answer your questions truthfully.
It has taken me 49 years to establish pride in my name so i will not hide behind a false name.
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Old 10th Nov 2011, 06:18
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OK, so what do you do now? Just so we know where to turn to when we need you?

So I can assume you are glad about not doing that regulatory stuff
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Old 10th Nov 2011, 06:36
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CASA wil win at any cost

I know that you will not win against CASA,as in my case because i am innocent they went to the DPP. CASA thinks you are guilty and even if have evidence to prove differently you still not win. It is sad that CASA are prepared to take the evidence of a criminal with 100 charges against him and spent 1 year in jail for armed robbery dishonest dealings and so on, over the record of a safety conscious pilot with no incidents against him. The reason the DPP dropped the charges is that x CASA FOI a lady could not appear in court because her mother had a car accident and required 24 hour medical care(we found out she was teaching night vision goggle classes. The reason why CASA went to the DPP is because i appealed my license being cancelled.The DPP then went to another CASA FOI John Bezey who has now left CASA, he told CASA they did not have a case.
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Old 10th Nov 2011, 06:44
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Benift of Doubt.


The thing that beats me is that this when an issue like this one gets to the AAT it is not a lay down misere for CASA. There should not be reasonable doubt, it should be an industry supported formalisation of a clearly defined breach.

Long before it got to CASA, the Chief Pilot, (company management) should have been able to provide CASA with a pilot file or memo's which provided an insight to the pilot's general approach to work practice and it's own investigation. A 'wrong un' should be weeded out long before an incident like this occurs.

The real safety outcome could then be resolved by CASA; is this a one off event?, does the company culture encourage errant behaviour?; has there been an attempt to correct dangerous practice?. The list of safety based options is long, well documented by experts and freely available.

Was it used, I don't believe so.

Was this investigation conducted fairly and impartially, I don't believe so.

Was the prosecution of a minor low flying issue reasonable, I don't believe so.

There is clear almost overwhelming evidence of this in the transcript.

There is clear evidence of an FOI making an arbitrary judgement then dragging in the 'heavy mob' to justify and support a clearly flawed series of assumptions. Again.

[quote] Maurie Baston
This win, I doubt would have provided little, if anything, in the way of an improvement in flight safety. Certainly it would have caused much heartache and financial loss for Mr.Quadrio. Here is another pilot forced from the industry due, in the main, to the procedures applied by several CASA persons
[quote].

Agreed - No help to man nor beast.

Sunfish.
For all I know Quadrio is indeed guilty as charged by CASA and deserves to lose his license, but that is not obvious from any of the proceedings nor the video.

Agreed - There is a mans livelihood, reputation and happiness at stake here, it should matter that the matter is proven beyond all doubt.


Clinton ; Sunfish. You ask why CASA didn’t do a number of things that you described. Answer: because CASA didn’t have to.
Clinton, please take off the lawyer hat and think about what's wrong with this disgusting statement, considering what's stake.

His Mum's (unbiased) statement has as much weight and value as the FOI's. Probably a bloody sight more accurate.

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