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Barry Hempel Inquest

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Old 18th Mar 2013, 21:57
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Instrument of curiosity.

"K" the Instrument - 161/07 – is on the CASA website. Enjoy.

P3. a.k.a. 3.8 psig.
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Old 18th Mar 2013, 23:09
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casa and Honesty!!

Kharon, the following is a repetitive occurrence:

6 July, 2007 CASA email Anastasi re 'advice'. (Email not included with QPS brief).
[My bold]

I understand from the Coroner Inquiry yesterday that there were 5 documents that were not produced by casa until yesterday. casa had them with them though.

And how often do we find this happens with casa when they are pressed??

Just look at PelAir and the Chamber's report for example.

MODEL LITIGANT - NO
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Old 19th Mar 2013, 00:59
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My my. Had the documents with them? Only released them when pressed?
Clear and transparent?
Hmmmm. I smell rooster booster!

Where is Flyingfiend, perhaps he will enlighten us with a robust analogy of all this?
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Old 19th Mar 2013, 01:31
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Docs frocks and glocks..err pineapples!

Maxwell Smart cops a pineapple first and the Shamster rejects his while being fitted up..
The CASA medico at the time and who was on the stand today, would not vary from this explanation of "fainting" with no relationship to epilepsy or anything else.
Typical JS and what else would you expect?? If it has a FF badge on it well deny..deny and never..never admit that you might have made a mistake as that is akin to admitting liability…should be Civil Aviation Non-liability Administration or Civil Aviation Sociopath Administration (cheers Sunny!) proudly sponsored by QBE!

Kharon draws attention to the chronology section of QPS “Summary CAsA Show Cause” file which unbelievably stretches from 24th May 2001 to 18th March 2008 and has nearly ninety entries.

Just think what each one of those entries represents in legal and operational man hours for the best part of a decade , would love to see the ‘cost benefit analysis’ and final bill to the taxpayers after the coroner’s inquest wash up??

And what was the end result to improving aviation safety? Well I guess that question is still open because the coroner is yet to hand down his findings and recommendations but given FF’s past record of obfuscating coroner’s recommendations…weelll history says that the safety benefit lessons learnt will be lost somewhere at the back of the FF ‘Shelf Ware’ warehouse.

Caught a story from the States that has some similarities to the BH sordid tale minus the epilepsy:
Pilot in fatal helicopter crash had history of suspensions

On behalf of Arye, Lustig & Sassower, P.C. posted in Wrongful Death on Wednesday, February 20, 2013

Losing a loved one unexpectedly in an accident can be absolutely devastating. In the aftermath of these tragic losses, family members often want to know if there is anything that could have been done to prevent a fatal accident. If instances of negligence or reckless behavior are identified as factors in these accidents, it is possible for family members to file a wrongful death lawsuit against the appropriate party. It is true that no lawsuit or amount of money will be able to replace a loved one; however, holding the responsible party accountable for their actions can help family members get a sense of justice.

The family members of at least two people may be considering their legal options in the wake of a devastating helicopter crash that took the lives of two passengers and the pilot. The crash happened in California late one night during the production of a reality TV show. It was recently reported that the pilot in the crash had a history of violations and many people are wondering if the man should have ever been hired in the first place.
The pilot had been hired for the reality show and was flying in a hilly area in the middle of the night, even though visibility was very poor due to environmental conditions and the time of night. The helicopter crashed on a ranch in Los Angeles County. All those aboard were killed in the accident.

It was only after the crash that the pilot's history of suspensions and reckless behavior was reported. Before this fatal accident, the pilot had had his license suspended two separate times. Once it was suspended for 30 days for reckless operation of a helicopter, and the second time his certificate was suspended for failing to stay in contact with air traffic controllers during a flight.

Whether the families of the victims will pursue legal action for their loss remains to be seen. As is often the case in similar accidents, there may be a number of parties that are responsible for the crash. In addition to the actions of the pilot, the hiring practices of his employer as well as the safety measures taken or disregarded by producers on the TV show may be scrutinized.

Source: Los Angeles Times, "Helicopter pilot in film set crash faced prior enforcement action," Richard Verrier, Feb. 19, 2013
Oh and the NTSB and the FAA are investigating, here's a link for the preliminary report:
WPR13FA119
Got to hand it to the yanks they don't muck around or obfuscate their responsiblities to aviation accident investigations!

So at the end of this inquest will Samantha Hare have a strong case for "wrongful death" and will the defendant's include FF? Well at least then QBE and FF can legitimately compare notes!

Link for ABC video from the 7 o'clock news last night: Inquest into double fatal plane crash begins - ABC News (Australian Broadcasting Corporation)


Last edited by Sarcs; 19th Mar 2013 at 01:35.
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Old 19th Mar 2013, 03:57
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Devil Person with similar power

Frank,

I hope that Agent 86 does not have the same personal interests as Big Bazza?

did we ever discover who was it who was facing charges alledging indecent behaviour outside certain schools?

it is indeed a funny old world
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Old 19th Mar 2013, 06:52
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It would be humorous if it wasn't so serious to excuse eccentricity as regular or normal behaviour. Some border on the psychological abberations we witness in a day to day basis with psychopaths in the federal parliament, bureaucracy, and on down to the coal face. I sometimes pity the 'cannon fodder' that are expected to do their master's bidding.

I have but only suspicions.

God help aviation in Australia.
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Old 19th Mar 2013, 07:55
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casa and the effect on commercial operations

From an Australian report by Hedley Thomas:

Cookies must be enabled. | The Australian

LONG before Barry Hempel, a legend of Australia's commercial aviation industry, strapped himself and an unwitting passenger in for a final, fateful aerobatic flight that ended 13 minutes later with their deaths, startling truths about the career pilot's conduct were well known to authorities.

The Civil Aviation Safety Authority knew Hempel, 60, to be a serial menace to public safety. His disciplinary record for flagrant breaches and dishonesty went back decades and became worse as he aged. He had put passengers and unsuspecting members of the public at risk with cavalier antics that appalled safety investigators - and cemented Hempel's status as a maverick with extraordinary skills but shocking judgment.

Doctors, medical specialists and CASA also knew that Hempel, who ran a Brisbane-based aviation company (motto: the sky's the limit) that flew politicians such as Nationals senator Barnaby Joyce, business chiefs and joy-riders, had severe epileptic-like seizures, believed to have begun after a brain injury from a hangar door accident in 2001. A loss of consciousness, rigidity and convulsing would occur; one ambulance officer who reported a 10-minute episode was so concerned about Hempel's status as a pilot that he kept notes on it for a decade.


These seizures would render Hempel an even more dangerous threat to the public. In one instance that became "common knowledge" shortly before his death, he was flying a Beechcraft Baron to Brisbane from the rural town of Dalby when, according to Nigel Arnot, an aircraft engineer, Hempel suddenly had "a seizure, a full fit with shaking". A friend "had to literally punch him out" to prevent inadvertent use of the controls and disaster.

Pilots with epilepsy or seizures face bans of 10 years to life because of the obvious dangers, yet Hempel kept flying.

Police, lawyers and doctors also knew another, darker side of the charismatic aviator with the distinctive handle-bar moustache. He had a criminal rap sheet for public indecency in Queensland going back 40 years; his guilty pleas and most recent convictions for public masturbation near children in parks in Brisbane were recorded a few months before the August 2008 crash.

But the flying public knew little, if anything, of any of these matters. Neither Hempel, nor CASA, was transparent about his safety transgressions. Despite dozens of pages of documentation about the seizures, and voluminous catalogues of his repeated defiance of safety rules, dishonesty, and the routine abuse of an unwitting public's trust in him as a pilot, CASA, a federal government-funded regulatory agency, still permitted Hempel to fly from his Archerfield airport base.

Official documents show that CASA even let Hempel maintain his private pilot aeroplane licence to conduct endorsement training of other aviators, despite 13 fresh convictions under the Civil Aviation Act, and a CASA finding in November 2007 that stated "you have a long established record of breaking the law relevant to aviation safety which is indicative of an intrinsic lack of honesty and integrity which is incompatible with you being entrusted with flight crew licences ... your record of motor vehicle-related offences as well as the aviation-related offences indicates a flagrant disregard by you of safety matters ... your actions indicate an inappropriate attitude to legal authority, and a flagrant disregard to the collective requirements of safety systems ... (you are) an unacceptable risk to recidivism that threatens aviation safety".

It was a scathing judgment that stripped Hempel of his commercial pilot's licence - yet it expressly allowed him to continue flying, as well as endorsement for training and instructing (teaching existing pilots how to fly different types of planes). He had been performing the instructing role for many years and with numerous pilots. Its legacy today is in the cockpits of passenger jets in Australia and around the world - the pilots who owe their wings to Hempel, who had himself logged more than 28,000 hours since he first flew in 1964.

The effect of CASA's ruling was meant to forbid Hempel from taking fare-paying passengers on his aerobatic higher-risk flights. But he openly flouted this and widely promoted his business under CASA's nose.
As one pilot on internet forum Pprune said in a posting that is now evidence before a Queensland coronial inquiry: "He was supposed to be a role model, but tell me ... how many young idiots have killed themselves trying to imitate bad boy Bazza? Is anyone who actually knew Barry surprised?"

The life and death of Hempel - as laid out in many volumes of evidence examined by The Weekend Australian pending the findings of the coronial inquiry - reads like a story of a disaster waiting to happen. The material depicts a doctor-shopping, law-breaking, medically unfit pilot; a serious breakdown in communications and regulatory systems; a lack of responsiveness and disclosure by those in aviation who had witnessed his antics; and an enduring tragedy for a young woman, Samantha Hare, who made one fatal error - she surprised her boyfriend, Ian Lovell, with a $492 birthday gift voucher for a joy-ride in Hempel's two-seater Soviet Yak military trainer.

Evidence and other material uncovered by police and Kerin Lawyers points to a likelihood that Hempel had suffered a seizure during the flight and was physically incapable of keeping the throttle, or power, on, resulting in the Yak plunging into the sea at a velocity of about 300km/h. In many crashes in which pilots brace before impact, their hands and wrists are broken. Hempel's hands and wrists were not injured, indicating he was not conscious when impact occurred.

Hare, of Brisbane, and Lovell's parents Dave and Lynn, who travelled from their home in England, could not listen to a recorded audio grab of the 35-year-old's last words, in a radio transmission to Hempel moments before the crash in water between North and South Stradbroke Island off the Gold Coast. Lovell was shouting to Hempel: "Oh, oh my god. What are you doing? Put it on!"

At Archerfield airport in Brisbane, Hare, who said she and Lovell had "planned on spending the rest of our lives together", waited patiently for his return to base. She had photographed him in the Yak before take-off and recalled him saying "it was the best present he had ever received".
But she noticed one of Hempel's staff looking increasingly stressed while waiting for the Yak to come back. The staff member took a phone call and Hare heard him say: "It crashed."

In a comprehensive forensic report for Coroner John Hutton, police officer Graham Anderson summarised six volumes of CASA material on Hempel "that involved an extensive list of prosecutions for administrative and flying breaches", "multiple offences in numerous aircraft", "numerous occasions when he flew without a current medical certificate" and attempts to distance himself from rules by appointing his second wife, then newly wed from The Philippines, as chief executive of Hempel's Aviation. The evidence raises serious questions about CASA's role in failing to rub Hempel out.

Anderson's report, which highlights "incapacitation" (seizure) as the most likely reason for the crash, recommends consideration of "mandatory reporting by health professionals to CASA when any serious medical condition could adversely risk the health and well being of the pilot or any other person". However, it is clear from the material that CASA had known about the seizures.

Anderson concluded: "Had a conscious decision by Hempel been made not to conduct these unauthorised flights, then the previous passengers would not have been put at risk and Ian Lovell would not have died as a result. In my opinion it was ultimately Hempel's misrepresentation that eventually directed Ian Lovell into the passenger's seat. Specialist advice to not fly (or drive cars) until epilepsy had been excluded was also ignored, 10 months before the crash. I believe it reasonable to assume that on this occasion, Hempel knew he had a significantly higher risk of crashing and to that end, behaved in a negligent manner."

A year before his death, Hempel and his solicitor had met CASA officials in a bid to mitigate the punishment he was anticipating from his safety breaches. Hempel told the group in a recorded interview: "I've been in aviation virtually full-time all my life since I was 16, I've been to the school of hard knocks and learnt myself through my own aviation. I can do it in me sleep, you know, I do it very safely, I don't do anything 'harum scarum', and when I'm teaching people low-level aerobatics, I teach them with a mind to staying alive."

Hutton, who concluded public hearings last week, has reserved his findings. For Hare, her parents, and the devastated family of Lovell, the priority is to lift safety standards, improve transparency for the public about the disciplinary record of pilots, and influence CASA, aviators and doctors to take a tougher line with other daring, medically unfit mavericks in Australia's skies.
and from an earlier post:

Barry Hempel Inquest [Archive] - PPRuNe Forums

Last edited by Up-into-the-air; 19th Mar 2013 at 08:03.
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Old 19th Mar 2013, 08:00
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Frank careful or you maybe labelled as one of..."a very small group within the industry which has long-standing grievances with CASA over past regulatory action"... although I'd say judging by the general responses on here to threads like this one and the Senate thread, which has had over a quarter of a million hits, that the DAS may have to sack his statitician and cut the bonuses to his industry moles.

The above quote comes from written QON 15 from the AQONs for the Senate hearing 15/02/2013, see here:
Information Privacy and Data Protection

15. Following your previous appearance, there was widespread industry feedback that “CASA clearly plays the man and not the ball”. Given that the ATSB is proposing to give CASA unlimited access to mandatory reports made by the industry, what effect do you think this perception of CASA’s approach to enforcement will have on the quality and quantity of incident reporting?

CASA is not seeking unlimited access to mandatory reports made by the industry, as stated above.

CASA also does not accept that the view ‘CASA clearly plays the man and not the ball’ is either true or widespread among the majority of the Australian aviation industry. There is a very small group within the industry which has long-standing grievances with CASA over past regulatory action, and who are quick to come to the fore in Inquiries like the current one with criticisms of this kind.

CASA does not consider their views to be representative of the responsible sections of the Australian aviation industry. CASA is confident that any reporting arrangement made with the ATSB will have the appropriate protections in place and will enhance Australian aviation’s already strong safety culture.
There's some serious tautological undertones in that answer from the DAS! Cheers Frank
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Old 19th Mar 2013, 13:12
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The DAS response is also peppered with pony pooh served on a firm base made from donkey ****e. The response is typical and expected. As soon as these buffoons are forced into a corner they come out swinging, blaming those who criticise, yes yes John we are 'the ills of society' and have axes to grind, correct?
Well get down off your high horse, if you don't like scrutiny then it would be in your best interest to keep your neck below the radar. But that won't happen because your personality, temperament, emotions and attitude would never allow you to hide quietly. What, you expect to front an organisation that wastes taxpayer money, acts in its own self interest, bullies people and has put innocent people out of business costing them financially, emotionally, physically and destroying their reputation and you expect silence, acceptance and some kind of forgiveness by default??

Hmmm perhaps FF management truly are more stupid than they look?

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Old 19th Mar 2013, 16:41
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Would it be too much to speculate that the ATSB didn't investigate Hempells accident because they were advised by CASA of the pain the revelations about Hempels history would cause CASA if the history was made public?

John Qadrio loses his licence over one YouTube video, but serial cowboy hempel continues to offend for decades with nothing more than a wrap over the knuckles with a feather?

Please explain.
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Old 19th Mar 2013, 17:50
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I
John Qadrio loses his licence over one YouTube video, but serial cowboy hempel continues to offend for decades with nothing more than a wrap over the knuckles with a feather?

Please explain
Different CEO or DAS. Small 'r' regulator and big 'R' regulators. Small 'r' appeared heavily influenced by hr types a Laissez-faire attitude to regulating.

Look at JQ and DJ and see if you think casa play the man or not?
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Old 19th Mar 2013, 20:06
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Shambollic – or Shambollics ?.

Rumours in the wind:

1) Much derision from the court, but the witness stuck with that despite the ambulance reports to the contrary.

2) The witness mentioned other medical files kept within CASA, on pilots. This grabbed everyone's attention. These files while never present previously, are apparently in the Coroners office, but could not be used until they were mentioned in the proceedings. They will be part of Friday's hearing.

3) Counsel asked the witness that given everything said, would a recommendation to cancel Hempel 's licence be issued.. the witness said NO, it would have still been issued under certain circumstances. Counsel sat down flabbergasted as the witness tried to explain this statement. The coroner told the witness basically to shut up. One Counsel declined to question his witness.

Can't wait for the transcript, that will greatly assist in laying to rest the rumours. Apparently Counsel Assisting deserves a Choccy frog and a gold star for an excellent day's work.

Oh, while I'm at it, thanks P3 for the 161/07 instrument. Raises more questions than answers of course. The 'War-birds' angle is fascinating. It is difficult to join all the dots from the QPS report but it seems we have War-bird 'phantom' witnesses x two (I can't confirm that from the script I have; but there is at least one); offers of ex Navy divers to raise the Yak; and Instruments (161/07) being issued at what seems to be an 'awkward' time. All curiously intriguing.

Last edited by Kharon; 19th Mar 2013 at 20:09.
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Old 19th Mar 2013, 20:10
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And what is more, there is still not conclusive proof that JQ was the pilot in that video.

And CASA stil got away with it. Has anyone actually tested that one to the limit? I doubt it.

My guess is there was far more video from the original cut that the criminal passenger had, but CASA would never have let that be made available just in case it shot them in the ar$e. Rather the edited and dubbed version that went to youtube was the sole piece of evidence.

Anyone care to shoot holes in my suspicious guess.
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Old 19th Mar 2013, 22:09
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its the boots, the video boots were not the type worn by JC never mind the broken chain of evidence and digital manipulation of the video file.

Would never have seen the light of day in a Court, only admissable in the AAT.
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Old 19th Mar 2013, 23:45
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Kharon:

3) Counsel asked the witness that given everything said, would a recommendation to cancel Hempel 's licence be issued.. the witness said NO, it would have still been issued under certain circumstances. Counsel sat down flabbergasted as the witness tried to explain this statement. The coroner told the witness basically to shut up. One Counsel declined to question his witness.
A perusal of AAT rulings suggests that medical certificates are rather easy to lose, I would have thought, yet not in Bazzas case for some reason?
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Old 20th Mar 2013, 00:02
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casa and the effect on commercial operations

I wonder if Hedley Thomas would be interested in digging some more. He certainly did a good job on the "Dam" report.

see this:

http://www.pprune.org/pacific-genera...ml#post7749213

Last edited by Up-into-the-air; 20th Mar 2013 at 00:04.
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Old 20th Mar 2013, 10:45
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UITA, I guess Hedley won't be getting a Xmas card from The Skull this year!
Hedley just joined 'The Ills Of Society' club!
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Old 20th Mar 2013, 20:36
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Bizarre medical rituals.

Sunny # 494 –"A perusal of AAT rulings suggests that medical certificates are rather easy to lose, I would have thought, yet not in Bazzas case for some reason?"
Rather than risk getting yet another thread closed down, I will avoid specific cases and events; there are a significant number on record which answer your questions, some quite bizarre. There's the well documented 'diabetic' case which is well worth a read; then a similar case to Hempel 's where a PPL (I believe) pranged a motor cycle and did himself grievous bodily and head harm, story goes it took eight years and some significant effort to regain a licence; then one of the strangest tales I ever heard was of selective 'psychic' DAMP tests where the results may be delayed until the 'auguries' are good (not my tale to tell, but I wish).

It is beyond my humble powers to determine what happened (or didn't happen) in the BH case, but I know I would not like to be the Coroner, not for a pension. I wonder if Bempel will end up at the Senate as part of a wider inquiry? there certainly seems to be enough reasonable doubt to justify it.

Last edited by Kharon; 20th Mar 2013 at 21:00. Reason: Just checking - twitch, twitch.....
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Old 21st Mar 2013, 11:27
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Reference for the Coroner

A perusal of AAT rulings suggests that medical certificates are rather easy to lose, I would have thought, yet not in Bazzas case for some reason?
Good point that you make Sunny and considering there is a few more docs fronting up for tomorrow's hearing perhaps the Coroner would be interested in reading a few of those AAT cases with a similar theme?
Pilot loss of licence or conditions on licence due to aviation seizure/diabetes/head injury medical conditions contested in the AAT 2006-2012:

2006: [2006] AATA 1123

2007: [2007] AATA 1952

2008: [2008] AATA 479

2009: [2009] AATA 171 [2009] AATA 674

2010: [2010] AATA 733 [2010] AATA 693 [2010] AATA 481 ,
2010: [2010] AATA 604

2011: [2011] AATA 739

2012: [2012] AATA 92
At least it gives an idea how these medical conditions are normally handled by the FF medicos and poses the question why BH (according to Shamster) was so much different??
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Old 21st Mar 2013, 21:03
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Twits

Anyone been keeping an eye on the CASA twitters and tweeters; they had a heap to say about Barrier, anything on Bempel??

Ah, the social media approach to aviation governance. I wonder what all this twitting and tweeting costs the taxpayer??, or more to the point, what in all the hells is the good of it? - I wonder, if we moved the Barrier discussion to some half arsed tweety type site, how could that get locked, silenced or censored ???

twit·ted, twit·ting, twits
To taunt, ridicule, or tease, especially for embarrassing mistakes or faults. See Synonyms at ridicule.
n.
1. The act or an instance of twitting.
2. A reproach, gibe, or taunt.
3. Slang A foolishly annoying person.

"What did you do today?" - "Oh, I twitted my t wheat tits off M'lud.



Last edited by Kharon; 21st Mar 2013 at 21:09. Reason: Gods spare me. read T wheat for Pprune
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