CASA v Fearless Phelan.

[halfmanhalfbiscuit]

Would you be prepared to testify. 38.21%.
Do you have factual testimony etc. 25.20%.

Backhand you missed the bit that is?

[blackhand]

As Samuel Clemens once said, Lies, Damn lies and Statistics

[Frank Arouet]

I believe this question should be asked once again next Tuesday, when all the mob in Canberra get back to work.

Can't expect them to work flexi days, contracted days, or RDO's can we.

Tuesday to Thursdays only please.

[Kharon]

Sample size

50 ml at the vet last week - good effort to hit the little pot.

For week end contemplation :

Hamlet: Why, man, they did make love to this employment,
They are not near my conscience. Their defeat
Does by their own insinuation grow.
'Tis dangerous when the baser nature comes
Between the pass and fell incensèd points
Of mighty opposite.

[Fantome]

For this relief much thanks; 't is bitter cold,
And I am sick at heart.

[blackhand]

Friends of my soul, you twain
Rule in this realm, and the gored state sustain.

[Sarcs]

BH said:

Well thats admissable then.

Hey blackie I think you'll find in 'civil proceedings' that anecdotal or 'hearsay evidence' is permissable, from wikipedia:

The law concerning hearsay in civil proceedings was reformed substantially by the Civil Evidence Act 1995[11] ("the 1995 Act") and is now primarily upon a statutory footing. The Act arose from a report of the Law Commission published in 1993[12] which criticised the previous reforming statutes' excessive caution and cumbersome procedures. Section 1 of the Act says

In civil proceedings evidence shall not be excluded on the ground that it is hearsay

[Ex FSO GRIFFO]

Macduff: 'Let our just censures attend the true event, and we put on Industrious soldiership.'

(= We better join the union, boys & gals....& get a good solicitor.... QC(?)
.
Siward: 'The time approaches that will
with due decision make us know
What we shall say we have, and what we owe.
Thoughts speculative their unsure hopes relate,
But certain issue strokes must arbitrate;
Towards which advance the war.
(Exeunt, marching....stage left...)

Cheers:p

[Kharon]

Sin, Spin and Witch doctors.

Aviation Advertiser – Phelan - Polar on the ropes? Not yet!
CASA Director John McCormick replied that Mr Butson was “a bit delusional if that is what he thinks the outcome of the court cases has been so far".

Butson is a fair minded, honest, hard working solid citizen who contributes to the countries economy, provides employment and training to future airline pilots, runs and minds his own business; very well indeed. I wonder who is the delusional party involved here. Certainly not WA Senator Alan Eggleston. At least one Senator is not complacently 'spin dizzy'.

AA_Phelan_Polar: It’s also true that Federal Court Justice Kenny struck out the claim against CASA and its Deputy Director Terry Farquharson (and others) on the basis, in broad terms, that CASA and its officers owe no duty of care to the public in the performance of their duties. (My bold)

.
I am certain that the Australian travelling public would love to see this statement spread over their Sunday newspaper. What in all the hells is the Government, Senate and press thinking. Certainly not that this statement will be made headlines at first (next) major accident.

Beginning with Monarch and ending with Lockhart River CASA have consistently demonstrated exactly this attitude. Response to Coroner recommendation Zero, response to ATSB recommendation Zero. Why?. Not only do they simply not give a 'rats', they simply don't have to, by their lights.

AA_PP_Polar: However CASA didn’t mention that Polar and Butson successfully applied for leave to appeal against this decision. In granting that application, Justice Middleton said that it was prima facie incorrect for Justice Kenny to have struck out the statement of claim on the basis that she did so without hearing the evidence. (My bold).

This is becoming a feature of any case where it's CASA v Some unfortunate. With the 'myth of safety' the carrot, the confused state of the regulations the stick and the tacit compliance of government (wriggle room provided) to ensure that not one night of sleep is disturbed by the truth, fairness or heaven forbid, common sense.

AA_PP_ Polar : In a similar recent decision in the Federal Court in Perth, on a successful application to extend time to file and serve an amended statement of claim against CASA for negligence, Federal Court Justice McKerracher agreed with the statement made by Justice Middleton regarding the liability of CASA for negligence, saying that CASA can be held liable, but the court must hear all of the evidence. (My bold)

.

"We" have been quietly working through some 250 odd items of interest related to publicly available 'evidence' from Coroner, ATSB, AAT and "Court" proceedings. It is interesting to note just how many needles are hidden under the 'haystacks' of paper work generated when the CASA boys 'get busy'.

Is time for the Public and their elected representatives (Politicians) to pay attention, become concerned and stop allowing themselves to be spoon fed on 'spin lotion' ??. I believe so.

Yep, the SS got one thing straight – someone's deluded, I wonder who??.

[blackhand]

Congrats to Mr Phelan

Paul's article on "Birds, What Birds" has won the Aviation Technical Story of the Year.
Congratulations Mr Phelan.

[Kharon]

More awards ??. Perhaps.

YSBK - Rwy 18/36. -

Aviation Advertiser - Phelan : "Let's be quite clear about this. Several attendees at a meeting with the Bankstown airport management while privatisation was in process, confirm that Kim Ellis, the (then) general manager of Bankstown airport, told the meeting when it was discussing problems related to runway 18/36, that they could forget all of those complaints, because the closure was a condition of the company accepting the lease from the Commonwealth in the first place. That suggests that all the consultations with users and safety studies by CASA and Airservices have been a charade". (My bold)

Things to make you go Hmmm !. It begs the question - how many other 'charades' have been foisted on the long suffering public purse for little if no safety return. Love to see those tax dollars at work.

[aroa]

wots 'e dun...???

For those that posed the Q about the benefits of the Phearless P,s writings,be advised that there is NO other investigative Journalist looking into aviation matters ( like ongoing CASA perfidy) in the country.
Much of what he has written would never see the light of day otherwise, and victims know that they are not alone.

And not only that... he has freely given his valuable time and wordly expertise to others when compiling responses or queries to THAT dreadful and mendacious place that is not a "fit and proper" outfit to be in charge of Aviation in OZ.

Well done, that (pen) man.!
The industry owes ya !

[LeadSled]

Folks,
And he ain't finished, by a long shot. But he will be taking a short break, a couple of weeks, from which I am certain he will return fully recharged.
Tootle pip!!

[Jabawocky]

And Paul is no spring Chicken, so who will aspire to fill his shoes one day?

[LeadSled]

Jaba,
Ain't that the truth!!!
Tootle pip!!

[ramble on]

Leadsled!

Are you he? Bruce Wayne?

[T28D]

Leaddie is the John Wayne of regulatory review and a true font of wisdom on the way regulation interfaces to operation.

[Kharon]

In a nutshell.

The article is here : Dudding the Delegate.


Be warned, it's a long, technical and slightly tedious read. You need to read it though if you intend to read between the lines, that's where the headlines are.

Summary - P Phelan.
1. Numerous grave errors appeared to have been made by Mr Flannery as the delegate, and by CASA staff who have been his sources of technical aeronautical input. If Mr Flannery was duly qualified to make the decisions he has made, both he and his employer were responsible for the material errors which damaged the career, reputation, and financial circumstances of Max Davy.

1. The “decision letter” contains several allegations of serious breaches of the Civil Aviation Act and Regulations. If the regulatory authority really believed such breaches have occurred it clearly had a duty to prosecute the alleged offender. The fact that no such prosecutions were launched, clearly indicates the lack of legal credibility that CASA ascribed to the allegations, and the poor quality of its sources of information.
2. In the recent past, especially following Minister John Anderson’s initiatives to restore a measure of procedural fairness and natural justice to CASA enforcement processes, CASA had increasingly adopted a practice that is designed to circumvent those measures and remove individuals from the industry. A favourite tactic had become the practice of withdrawing “approvals,” which CASA claims isn’t subject to automatic stay, or to review by the Administrative Appeals Tribunal.
3. Another tactic is simply not to renew certificates or approvals, and then to claim that there’s no reviewable decision because CASA didn’t actually do anything. This practice has resulted in the termination of air operator certificates, and of individual pilot approvals. Sorry Ministers, they’ve dudded you too!
4. Any competent assessment of the allegations against Max Davy thus invites the interpretation that Mr Flannery’s decision represented a gross miscarriage of justice, unsupported by credible evidence, and attributable to incompetently negligent or maliciously selective input from officers at field and/or at district level.
5. By its actions as we’ve discussed, CASA either deliberately and maliciously, or negligently and incompetently, made and implemented decisions based on:

(i) deliberately inaccurate statements; and/or
(ii) inaccurate and therefore incompetent analysis of technical material; and/or
(iii) selective and incomplete applications of parts of the Act and Regulations; and/or
(iv) the subjective opinions of the delegate or other employees based on one or all of the above. – My bold.

Max was one of a dozen similar cases, some of those would say that he was actually the 'lucky one'.

This story should never have needed to be written, but you know that, don't you.

Selah.

[gobbledock]

Lack of legal credibility???? Oops. I don't think the Witchdoctor or Flyingfiend will take too kindly to such assertions!!
Turds.

[Sarcs]

Ben is giving the 'fearless Phelan' a run for his money lately: ATSB delays air ambulance ditching report again, and again | Plane Talking He has got a few more readers as well!