Barry Hempel Inquest
The Quadrio example...
What more could they have done.???? FFS 
In the Quadrio case, no court case, no conviction...but his CPL withdrawn, and using the hoary old euphemism at AAT ..."not a fit and proper person", .... not returned.
End of employment, income and career prospects.!!
This example clearly shows thatCASA is certainly not a fit and proper organisation to be the "safety" agency.
The travelling public should be aware that CASA's imprimatur is CYA 101 and NO liability. "Safety" as they would have it, comes a poor last.
The place is so disfunctional, in breach of its own "code", inconsistent, discriminatory and a regulatory nightmare...no wonder GA is having its throat cut.
There needs to be a judicial enquiry
into the whole rotten structure, that has completely lost the plot, to the detriment of a vital industry.
Governments have to decide what they want... a bloated, grossly expensive, dysfunctional "authority" or a thriving aviation industry.
Without drastic changes we cant have both.
Listen up, you politicians..!! Digitus extractus.!
In the Quadrio case, no court case, no conviction...but his CPL withdrawn, and using the hoary old euphemism at AAT ..."not a fit and proper person", .... not returned.
End of employment, income and career prospects.!!
This example clearly shows thatCASA is certainly not a fit and proper organisation to be the "safety" agency.
The travelling public should be aware that CASA's imprimatur is CYA 101 and NO liability. "Safety" as they would have it, comes a poor last.
The place is so disfunctional, in breach of its own "code", inconsistent, discriminatory and a regulatory nightmare...no wonder GA is having its throat cut.
There needs to be a judicial enquiry
into the whole rotten structure, that has completely lost the plot, to the detriment of a vital industry.Governments have to decide what they want... a bloated, grossly expensive, dysfunctional "authority" or a thriving aviation industry.
Without drastic changes we cant have both.
Listen up, you politicians..!! Digitus extractus.!
Man Bilong Balus long PNG
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Almost sounds like a good case for instituting a Royal Commission into the whole 'box and dice' now, doesn't it?
We all know the odds of that happening though.
We all know the odds of that happening though.
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What about Ian Lovell ??
maybe the Coroner will pick some scabs, expose some sores, peer into some festering wounds and reccomend a closer look at the "mis" operations of CASA.
Or maybe not ??
fact:
Hempel was a sick man and should not have been driving a car, let alone an aeroplane
fact
many pilots knew
fact
CASA knew and did DID NOTHING to prevent him flying
Archerfield Aerodrome Office staff too might be feeling more than a little contrite (if not actually guilty), as it was them who reccomended Hempel as a good pilot when Ian's partner made the fateful inquiry.
I will walk naked down Queen Street with a feather up my a**e and whistle dixie if the aero population at Archerfield were not all well aware of Hempel's condition.
BTW,
will CASA now promise to NOT pull all the endorsements which Hempel appears to have given, when he was not authorised to do so? Are we sure?
have any of the Insurance companies promised to NOT cancel policies on the same basis? how confident do we feel?
how many pilots will be affected?
Or maybe not ??
fact:
Hempel was a sick man and should not have been driving a car, let alone an aeroplane
fact
many pilots knew
fact
CASA knew and did DID NOTHING to prevent him flying
Archerfield Aerodrome Office staff too might be feeling more than a little contrite (if not actually guilty), as it was them who reccomended Hempel as a good pilot when Ian's partner made the fateful inquiry.
I will walk naked down Queen Street with a feather up my a**e and whistle dixie if the aero population at Archerfield were not all well aware of Hempel's condition.
BTW,
will CASA now promise to NOT pull all the endorsements which Hempel appears to have given, when he was not authorised to do so? Are we sure?
have any of the Insurance companies promised to NOT cancel policies on the same basis? how confident do we feel?
how many pilots will be affected?
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I will walk naked down Queen Street with a feather up my a**e and whistle dixie if the aero population at Archerfield were not all well aware of Hempel's condition.
Seriously though, are you sure the full details were as widely known as all that? It's been some years since I've flown at Archerfield (at which time Barry was regarded as a bit of a maverick and a bit of a perv, but nothing like what's come out with this accident) but I'd be surprised if the AAC office knew his license had been revoked and still recommended him. Of course I've been surprised before.
There are certainly some people who would have known the whole story, but was it widely known by all people about his license revokation or the seizures? Or was the general word on the field as it was in the early 2000s, that he was a bit of a nut who didn't always play by the rules, but still basically compliant?
Last edited by Worrals in the wilds; 20th Jun 2012 at 07:54.
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Sounds like a Rottweiler advertisement where they reckon they are "Cute Rotties" or "Staffies".
Righto! Barry wasn't a "Silkie Terrier" but a dog loved in the suburbs.
And he wasn't compliant, nor were his medico's of which I recommended him to the local Neurosurgeon, who I can't believe gave him any OK to hold a conditional Class 2 medical, which IS CONDITIONAL ON NOT BEING INVOLVED IN AEROBATIC MANOUVERS NOR BEING EPILEPTIC OR PRONE TO SAME.
CASA..................They are to blame for this sequence of events.
Think ISLAMIC for two minuits.
Righto! Barry wasn't a "Silkie Terrier" but a dog loved in the suburbs.
And he wasn't compliant, nor were his medico's of which I recommended him to the local Neurosurgeon, who I can't believe gave him any OK to hold a conditional Class 2 medical, which IS CONDITIONAL ON NOT BEING INVOLVED IN AEROBATIC MANOUVERS NOR BEING EPILEPTIC OR PRONE TO SAME.
CASA..................They are to blame for this sequence of events.
Think ISLAMIC for two minuits.
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And he wasn't compliant, nor were his medico's of which I recommended him to the local Neurosurgeon, who I can't believe gave him any OK to hold a conditional Class 2 medical, which IS CONDITIONAL ON NOT BEING INVOLVED IN AEROBATIC MANOUVERS NOR BEING EPILEPTIC OR PRONE TO SAME.
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I talked with his Widow/Partner after the 2001 hangar incident. I recommended a Neurosurgeon from the Gold Coast who also was my Doctor after a head injury.
I made the point of my experience to her, and subsequently passed this on to Counsel Assisting The Coroner, (but go no response nor, acknowlegement, possibly because I didn't ask for one, or the matter was deemed insignifigant).
When I had a clearance from that same Doctor it was after 8 years of non elpilesy and my licence/ medical was CASA conditional.
Part of that condition was that I did not perform any aerobatic manouvers.
Barry test flew my rebuilt aeroplane and checked me out on it in 1996.
A good pilot and a character of rememberance................but?
I made the point of my experience to her, and subsequently passed this on to Counsel Assisting The Coroner, (but go no response nor, acknowlegement, possibly because I didn't ask for one, or the matter was deemed insignifigant).
When I had a clearance from that same Doctor it was after 8 years of non elpilesy and my licence/ medical was CASA conditional.
Part of that condition was that I did not perform any aerobatic manouvers.
Barry test flew my rebuilt aeroplane and checked me out on it in 1996.
A good pilot and a character of rememberance................but?
Well, it's not exactly an unknown situation.....
Watchdog 'ignored complaints' on dangerous flying
and.....
http://www.coronerscourt.vic.gov.au/home/case+findings/577308+robert+alan+how
Some elements of this story seem to be along similar lines.
Quote:
Watchdog 'ignored complaints' on dangerous flying
and.....
http://www.coronerscourt.vic.gov.au/home/case+findings/577308+robert+alan+how
Some elements of this story seem to be along similar lines.
Quote:
"Judge Jennifer Coate found the Civil Aviation Safety Authority might have averted the ''sad'' episode if it had acted on three years of complaints from neighbours...."
And.....
And.....
"... the Coroner unearthed a telling internal email from January 2009 between two CASA officers, which reads: ''Looking back, it seems that we may have been able to prevent this. However, there were probably higher priorities at the time.''
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Thanks.
It's the carrying of a paying pax that I have issues with. If he flew himself into the Bay then that would have been his problem. If he had flown a friend into the Bay with him then you could assume they knew the risks.
In contrast, as a pilot you did all the right things before flying yourself or passengers because you're obviously a responsible person. I imagine that would have been hard, and I trust you're now enjoying your flying again.
What I find difficult with this is the continuance of commercial ops, despite advice to the contrary. Not flying for pleasure but flying customers. To me it displays cowardice; a lack of admission about physical shortcomings that compromised an undoubtedly great talent; an unwillingness to face up to factors beyond an individual's skill.
At the core we're all like that. We all like to think we can do what we did when we were twenty, fit and bullet proof.
However, when most of us undertake a risky activity (and sometimes end up limping into the doctor/physio trying to explain why jumping on a skateboard pissed for the first time in a decade was a great idea until someone chucked that damned bollard in the way
)...we didn't kill a paying customer. We didn't pretend to an outsider that our actions were safe and professional, and we didn't accept money to take them along for the ride. We only had ourselves to blame, unlike the unwitting passenger in this story. We didn't let our ego transcend our common sense and allow it to take risks with someone else's life.
This was a completely avoidable death. It didn't have to happen. Barry's death on its own would have been sad, but he knew what he was doing. His passenger didn't, and that's what makes me angry. So many early deaths are unpreventable, whether through illness or accident; this one wasn't.
If a regulator does not consider the prevention of death as its highest priority then it deserves to be damned. No doubt Lucifer had hindsight too. No doubt he expressed regret, but I'm not that familiar with Milton. 
Live with your decision, fellahs. You carried the badge and the authority of the Commonwealth; with it, the unspoken promise to uphold its law and stop wrong doers before they caused harm or death. Maybe all you saw was the privileges that went with that authority, not the obligations. What were the higher priorities this time around? Someone not doing their paperwork right? Someone piss you off by not showing respect?
You
ed up, fellahs. Someone died on your watch while you were looking at the 'higher' priorities. That's probably a horrible feeling but not as horrible as being related to the deceased; being the person who spent considerable money to buy him a ticket for something fun he'd enjoy and talk about, only to see him die because apparently you, the regulator, couldn't stop a person from flying customers against the conditions you'd specified, despite knowing he'd been doing it previously.
Tell you something, fellahs; you're lucky it wasn't one of my family. If it were...seen Dirty Harry?
Of course that's not the solution. Doesn't fix anything. Apparently.
I ask again (as others have) where were the ATSB? Were they notified? Did they investigate? Why isn't this accident listed? Why was this even a CASA problem?
Transport Safety Investigation Act 2003
A good pilot and a character of rememberance................but?
In contrast, as a pilot you did all the right things before flying yourself or passengers because you're obviously a responsible person. I imagine that would have been hard, and I trust you're now enjoying your flying again.
What I find difficult with this is the continuance of commercial ops, despite advice to the contrary. Not flying for pleasure but flying customers. To me it displays cowardice; a lack of admission about physical shortcomings that compromised an undoubtedly great talent; an unwillingness to face up to factors beyond an individual's skill.
At the core we're all like that. We all like to think we can do what we did when we were twenty, fit and bullet proof.
However, when most of us undertake a risky activity (and sometimes end up limping into the doctor/physio trying to explain why jumping on a skateboard pissed for the first time in a decade was a great idea until someone chucked that damned bollard in the way
)...we didn't kill a paying customer. We didn't pretend to an outsider that our actions were safe and professional, and we didn't accept money to take them along for the ride. We only had ourselves to blame, unlike the unwitting passenger in this story. We didn't let our ego transcend our common sense and allow it to take risks with someone else's life. This was a completely avoidable death. It didn't have to happen. Barry's death on its own would have been sad, but he knew what he was doing. His passenger didn't, and that's what makes me angry. So many early deaths are unpreventable, whether through illness or accident; this one wasn't.
''Looking back, it seems that we may have been able to prevent this. However, there were probably higher priorities at the time.''
Live with your decision, fellahs. You carried the badge and the authority of the Commonwealth; with it, the unspoken promise to uphold its law and stop wrong doers before they caused harm or death. Maybe all you saw was the privileges that went with that authority, not the obligations. What were the higher priorities this time around? Someone not doing their paperwork right? Someone piss you off by not showing respect?
You
ed up, fellahs. Someone died on your watch while you were looking at the 'higher' priorities. That's probably a horrible feeling but not as horrible as being related to the deceased; being the person who spent considerable money to buy him a ticket for something fun he'd enjoy and talk about, only to see him die because apparently you, the regulator, couldn't stop a person from flying customers against the conditions you'd specified, despite knowing he'd been doing it previously. Tell you something, fellahs; you're lucky it wasn't one of my family. If it were...seen Dirty Harry?
Of course that's not the solution. Doesn't fix anything. Apparently. I ask again (as others have) where were the ATSB? Were they notified? Did they investigate? Why isn't this accident listed? Why was this even a CASA problem?
What is an immediately reportable matter? ANSWER:
An immediately reportable matter is a serious transport safety matter that covers occurrences such as accidents involving death, serious injury, destruction of, or serious damage to vehicles or property or when an accident nearly occurred. Under section 18 of the TSI Act, immediately reportable matters must be reported to a nominated official by a responsible person as soon as is reasonably practical. The reason for such a requirement is the need for ATSB investigators to act as quickly as possible is often paramount in order to preserve valuable evidence and thus to determine the proximal and underlying factors that led to a serious occurrence.
The list of immediately reportable matters for each mode of transport is contained in the TSI Regulations. Immediately reportable matters are the only transport safety matters that need to be reported for the marine and rail modes of transport. In aviation where the Commonwealth, and hence the ATSB, has more comprehensive responsibilities for the investigation of transport safety matters there is also a list of routine reportable matters.
An immediately reportable matter is a serious transport safety matter that covers occurrences such as accidents involving death, serious injury, destruction of, or serious damage to vehicles or property or when an accident nearly occurred. Under section 18 of the TSI Act, immediately reportable matters must be reported to a nominated official by a responsible person as soon as is reasonably practical. The reason for such a requirement is the need for ATSB investigators to act as quickly as possible is often paramount in order to preserve valuable evidence and thus to determine the proximal and underlying factors that led to a serious occurrence.
The list of immediately reportable matters for each mode of transport is contained in the TSI Regulations. Immediately reportable matters are the only transport safety matters that need to be reported for the marine and rail modes of transport. In aviation where the Commonwealth, and hence the ATSB, has more comprehensive responsibilities for the investigation of transport safety matters there is also a list of routine reportable matters.
Last edited by Worrals in the wilds; 20th Jun 2012 at 23:14.
Top post Worrals and one that needs to be copied, printed, distributed and stuck up on all bulletin boards of everyone of the regulator's outposts...shameful display of how not to uphold the act!
The apparent lack of a responsible accident investigative authority not being involved in this tragic accident just beggars belief! Smells of cover up to me but why?
I've heard of cases where the regulator has taken over incident investigations because of apparent breaches of the CAA but not a fatal accident...besides I don't believe their remit covers it....questions..questions..and very few answers!
The apparent lack of a responsible accident investigative authority not being involved in this tragic accident just beggars belief!
Smells of cover up to me but why?I've heard of cases where the regulator has taken over incident investigations because of apparent breaches of the CAA but not a fatal accident...besides I don't believe their remit covers it....questions..questions..and very few answers!
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Lester
Your are surely kidding us all.
The office at hendra is a darn site further from Horn Island yet CASA from some office somewhere shut troppos and others.
I personally had no idea, and could not have known any of this, but folk within CASA somewhere can not make this same claim. Impossible. End of story.
Your are surely kidding us all.
The office at hendra is a darn site further from Horn Island yet CASA from some office somewhere shut troppos and others.
I personally had no idea, and could not have known any of this, but folk within CASA somewhere can not make this same claim. Impossible. End of story.
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Yak-52 U-tube Videos
I came across these two videos which were Uploaded on U-tube by poondii on Jan 14, 2009. His comments on both are:
"Got it off the net some mad bugger doing stuff"
Very interesting as the markings of the plane are a spit of Barry Hempel's Yak-52 AND poondi (Shanka Poondi) just happened to be a Hempels Aviation flight instructor pre 2008 . . . . . .
So I leave it your own conclusions: "Got it off the net mad bugger doing stuff" - NOT likely - my summation is Barry Hempel doing mad, illegal stuff with poondi taking the video in back seat . . . but don't quote me I am just speculating! A mere lay person . .
First video clearly shows the plane markings and if that ain't the illfated YAK then I will join Macroderma down Queen Street mall with my feather:
Second video acrobatics over populated area??!!
Did they have CASA approvals? :
Take a look at Section 5 (5) of CAR155 Dated Jan 2007
http://www.casa.gov.au/scripts/nc.dl...Name=155_1.pdf
"Got it off the net some mad bugger doing stuff"
Very interesting as the markings of the plane are a spit of Barry Hempel's Yak-52 AND poondi (Shanka Poondi) just happened to be a Hempels Aviation flight instructor pre 2008 . . . . . .
So I leave it your own conclusions: "Got it off the net mad bugger doing stuff" - NOT likely - my summation is Barry Hempel doing mad, illegal stuff with poondi taking the video in back seat . . . but don't quote me I am just speculating! A mere lay person . .
First video clearly shows the plane markings and if that ain't the illfated YAK then I will join Macroderma down Queen Street mall with my feather:
Second video acrobatics over populated area??!!
Did they have CASA approvals? :
Take a look at Section 5 (5) of CAR155 Dated Jan 2007
http://www.casa.gov.au/scripts/nc.dl...Name=155_1.pdf
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We hold this truth to be self evident...
There were many people who knew what Barry was doing and were concerned by it. They could have been more proactive regarding personal advice to Barry, or given information to the authorities, although the fact they didn't wouldn't surprise anyone but the CASA.
The whole tragic saga demonstrates yet again that the CASA needs to change their ways of dealing with the aviation community, if it ever wants to gain the trust, support and confidence necessary to obtain good grass roots information, about what is really happening in the air or on the ground. That is the truth, the whole truth, and nothing but the truth.
Until that happens, the CASA will continue to be a blind man in a dark room.
bp
The whole tragic saga demonstrates yet again that the CASA needs to change their ways of dealing with the aviation community, if it ever wants to gain the trust, support and confidence necessary to obtain good grass roots information, about what is really happening in the air or on the ground. That is the truth, the whole truth, and nothing but the truth.
Until that happens, the CASA will continue to be a blind man in a dark room.
bp
CASA before the accident were definately 'after him' in the sense that several ex students and staff were approached and basically demanded to give statements about incidents and events that had happened over past years. Saying 'no' was not an acceptable response.
They appeared to be building their case so it definately stuck, CASA in the past had been made to look foolish by Barry because of their lack of doing things the 'right way'. Barry had a history of going through CFIs/CPs that stood up to him, and only ended up with those that didn't say no to him, he was MD but was effectively CFI/CP as he did what he wanted, he just wasn't able to be both of those positions due to his problems with CASA. He was a VERY strong character, and the sort of person that if you told him something he didn't want to hear, would have in no uncertain terms told you where to go.
Likeable enough character, and a bold pilot, but you know what they say about them. All things aside the sad thing in this case was the innocent, fare paying pax and his partner who thought she was doing a nice thing for obviously something special to them.
Aviation has its risks, especially in a 'limited' aircraft like the Yak, but the fact remains that he did not legally meet the medical requirements to be flying the flight, as a pilot it is your DUTY to ensure that you are legal to conduct the flight each time you put the belt on. All of those that were aware this was going on, without standing up and doing something about it, when clearly Barry wouldn't, have some element of blood on their hands, and at the time it was well known at AF that it was going on. Amazing how many people have a bad memory at times like this...
They appeared to be building their case so it definately stuck, CASA in the past had been made to look foolish by Barry because of their lack of doing things the 'right way'. Barry had a history of going through CFIs/CPs that stood up to him, and only ended up with those that didn't say no to him, he was MD but was effectively CFI/CP as he did what he wanted, he just wasn't able to be both of those positions due to his problems with CASA. He was a VERY strong character, and the sort of person that if you told him something he didn't want to hear, would have in no uncertain terms told you where to go.
Likeable enough character, and a bold pilot, but you know what they say about them. All things aside the sad thing in this case was the innocent, fare paying pax and his partner who thought she was doing a nice thing for obviously something special to them.
Aviation has its risks, especially in a 'limited' aircraft like the Yak, but the fact remains that he did not legally meet the medical requirements to be flying the flight, as a pilot it is your DUTY to ensure that you are legal to conduct the flight each time you put the belt on. All of those that were aware this was going on, without standing up and doing something about it, when clearly Barry wouldn't, have some element of blood on their hands, and at the time it was well known at AF that it was going on. Amazing how many people have a bad memory at times like this...
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Here is another larger than life character with a long "association" with CASA, but in this case they launched a prosecution for low flying, dropping objects and flying without a licence.
the link is to the 51 charges brought by CASA in the Omeo Magistrates court. CASA Prosecution.
the link is to the 51 charges brought by CASA in the Omeo Magistrates court. CASA Prosecution.
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CASA being non culpable in the Hemple incident is like saying The ALP didn't introduce the Cane Toad. Which incidently co-incided with The Wall St "crash" and depression in 1935.
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Yak Yak Yak Yak
There is always a smoking gun, just sometimes it takes longer to find it. I wonder if Hedley Thomas will ask CASA what they knew about these videos? the scenery certainly looks like the road and rail overpass at Yeerongpilly in Brisbane, doesn't it ?????
I don't think I need go out and buy my feather just yet.
I don't think I need go out and buy my feather just yet.
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The whole tragic saga demonstrates yet again that the CASA needs to change their ways of dealing with the aviation community, if it ever wants to gain the trust, support and confidence necessary to obtain good grass roots information, about what is really happening in the air or on the ground.
When you're dealing with a generally decent and law abiding community (which I believe the aviation community is) you can learn a hell of a lot more leaning on the fence talking to people than you will by stomping around in jackboots making threats.
There's a time and place for jackboots (and if ever there was a place, Hempel Aviation was it
) but for the most part it just gets everyone off side and makes them clam up. Other federal agencies are well aware of this, but to a large extent it seems to have passed CASA by. Most people will only report stuff to the government if 1. it's easy, 2. they can do it anonymously and 3. they trust the agency they're reporting it to. Often if they know an officer personally they'll report stuff they wouldn't dream of ringing the department about. That's why guys on the ground are so important for an agency, even if they never seem to achieve all that much.
Slack? Sure, but that's humans for you. Most people don't really believe in accidents until they actually happen.
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Something perplexing me is the matter of BH "not having broken wrists" condusive to such an UCFIT accident, but no mention of the passenger who, is "recorded" as saying things that were recorded.
Was this recorded on the camera loaned to him, or was he holding an open mic on the PTT in the rear stick which would suggest a AsA recording?
Was this recorded on the camera loaned to him, or was he holding an open mic on the PTT in the rear stick which would suggest a AsA recording?