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-   -   Paul Phelan 's latest (https://www.pprune.org/pacific-general-aviation-questions/467879-paul-phelan-s-latest.html)

aroa 15th Nov 2011 01:02

bias....??
 
As well as all the above, in AAT Quadrio they asked that one person be set aside, as he is a mate of one of the CASA persons.!

So even if he is as clean as the driven snow, there is a conflict of interest...and a perception of bias...which there was,IMHO

Same with the rotten CASA system where CASA persons "investigate" other CASA persons. Like the CASA newby/ex cop that "dealt " with my case, isnt likely to sh*t in his new nest and find against his colleagues.
So he didnt... failing to reveal relevant facts, a half arsed "investigation", and a bit of verballing thrown in.! Whatever it takes.

Funny isnt it, that 2 other non CASA investigations found in my favour!

What a gutless, spineless bunch of mfs run the rotten place :mad::mad::mad:

Frank Arouet 15th Nov 2011 02:33

Reverse psychology obviously.:ooh:

Andy_RR 15th Nov 2011 03:50


Originally Posted by Clinton McKenzie (Post 6807900)
So what's the explanation for the AAT decisions that go against CASA?

An investment in the Public Relations stunt.

The charade falls over if it becomes too obvious and then they have to escalate to more powerful, but higher risk measures. Sometimes winning a battle is less important than...

Andy_RR 15th Nov 2011 04:09


Originally Posted by Clinton McKenzie (Post 6807997)
Are you trusted to operate any kind of safety critical or valuable machinery on your own? If so, heaven help us.

I can tell you're part of 'the Establishment', Clinton, because you've just used the first method that they use - i.e. attempt to discredit those who refuse to acquiesce.

blackhand 15th Nov 2011 05:29


So what's the explanation for the AAT decisions that go against CASA?
There you go, bringing logic into an argument Clinton. It doesn't help the conspiracy cause at all.:E


The charade falls over if it becomes too obvious and then they have to escalate to more powerful, but higher risk measures. Sometimes winning a battle is less important than...
You're at Byron with Gobbleduck, fess up now, too many bongs before dinner.

It's the Illuminati working behind the scenes.:ok:

gobbledock 15th Nov 2011 05:52

Aagh yes and right on cue in comes blackhead, always the quintessential smart arse who has been deluded into believing he is somewhat of a gift to aviation and know's eveything, but in reality knows little.
If you lived your life looking outside of the box for once you would see some interesting things in this world.


You're at Byron with Gobbleduck, fess up now, too many bongs before dinner.
Small minded insults by a perpetuator of ignorance and arrogance. I am hoping you are either a young bloke with lots of finger burning lessons yet to come in life, or you are you are an older bloke with stacks of money invested in super because the next 12-24 months will see a lot of that stripped away, and that is :ok:

blackhand 15th Nov 2011 06:24


quintessential smart arse
:ok:
I'm embarrassed by your praise.:cool:

Sarcs 15th Nov 2011 11:03

bh & gb do you guys follow each other around hijacking threads so you can sling off at each other?:=

Meanwhile old mate John is sitting up on the tablelands wondering if he will ever get his helo license back!:ugh:

How would you feel if all of sudden you had to go an pick strawberrys, grind coffee or lug around 60 kg bunches of bananas? There the sort of jobs you do when you are trying to get a gig flying....:mad:sheeesh get a life you blokes (or gals)!

gobbledock 15th Nov 2011 11:33

Hijack is a very strong word.
For the sake of peace I shall desist from sparring with the other person.

For the record I strongly support John, he has been landed a knockout punch and the powers at play in Canberra have no conscience or remorse for the untold pain and distress they have caused this bloke.
Hold your head up high John, at least you can go to sleep at night with a clean conscience, dignity and a measure of humanity about you. Hang in there.

jas24zzk 15th Nov 2011 11:47

Back on topic................................ (probably against the wishes of some)

The way the AAT operates (done some reading independant of this place, as I was interested).

The politicians could pass a law similar. A person unfit..(to walk the streets)
When it looks unfavourable in court, the cops could then take you to the AAT, not prove the case and have you locked up....for life using Mr Quadrio's experience as benchmark.

Might be a positive way to clear the streets of kiddie touchers, rapist, and the unwashed.....probably half the people in here also.

No-one would be safe.

Imagine that huh.

Wallsofchina 15th Nov 2011 20:27

Or maybe it was misuse of the AAT?

blackhand 15th Nov 2011 21:11


Or maybe it was misuse of the AAT?
By John??? Not sure that taking CASA to the AAT is a misuse.

Cheers
BH
Not at Byron

Wallsofchina 15th Nov 2011 21:17

Mistake may have been a better word.

AAT is usually for matters where the outcome is not as critical as losing your profession.

I wonder if there are still other avenues he can use to get a speedier solution?

Andy_RR 15th Nov 2011 21:18

Perhaps any use is misuse? It should be left to go smelly at the back of the fridge.

blackhand 16th Nov 2011 07:16


Mistake may have been a better word.
I see what you mean. Can the AAT be bypassed? or is it part of the process one has to go through prior to appeal to a higher court?

Andy_RR 16th Nov 2011 07:54

The question is, should the AAT exist at all...?


Magna Carta - clause 39

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land

In my opinion, the AAT only has jurisdiction if you consent to its jurisdiction. If you don't the only legal recourse available to the authorities is a court with a jury.

Of course, why let a bunch of time-honoured law get in the road of a legal prosecution...?

Sarcs 16th Nov 2011 08:40


or is it part of the process one has to go through prior to appeal to a higher court?
That's ok if you have the money to go to the next level. The whole legal system is weighted towards the big end of town or the government authorities that are tax payer funded.:ugh:

Sure you can apply for legal aid and probably get it, but your level of legal representation drops off with what you can afford (or can't afford).:{

Maybe John could try the Commonwealth Ombudsman with letters of concern from members of the aviation industry i.e. 'all of us'!:ok:

aroa 16th Nov 2011 09:54

AAT....
 
Can it be bypassed? Was there another way open to J Quadrio to ask to have his licence reinstated after the DPP decided not to proceed.? Why does one have to ask the AAT?
A court order? or an application to a Fed. Magistrates court?

The AAT ... like so many things that get coughed up to do one thing, has morphed into something else. More like a kangaroo court or starchamber.. certainly not a proper court with rules of evidence, and decisions beyond reasonable doubt.
Justice (sic) must be done and seen to be done. That certainly hasnt occured in this event. Far from it.... a life sentence.! Its bullsh*t!

Quadrio wins the DPP battle but the AAT evens the score by letting CASA win the war. In a most disgraceful way.:\

WTF are this country's bureaucracies developing into??

"Public"service as a fascist state? Some serious changes are needed here.

Wallsofchina 16th Nov 2011 18:19

The Commonwealth Ombudsman sounds a good start.
Which AAT - Qld?
What does the Ombudsman need to investigate?
What does the diagramme in AndyRR's #79 tell us?
Is 62 deg excessive?
Was that an appropriate angle for carrying tourists?
Was there another way to avoid the birds?
Does the video indicate that was the steepest angle?

I've seen a few people fail to excite Ombudsmen, who have a big workload, so can't spend the time conducting an FBI type forensic investigation.

On the other hand there are a lot of good brains on here, strategic, technical and legal, and if John agrees, could probably present a brief to the Ombudsman which would allow him to make a quick decision that a Department got out of line.

blackhand 16th Nov 2011 20:06


Of course, why let a bunch of time-honoured law get in the road of a legal prosecution...?
You have misunderstood the legal standing of Para 29 or 39 in some later Charta.
It is available in modern legislation only to the extent that the particular soveriegn state has allowed.

Numerous attempts have been made by litigants, many of them representing themselves, to argue that local legislation that conflicts with or which seems to override Magna Carta is invalid. This argument seems to be based on the premise that the fundamental constitutional character of Magna Carta operates as if it were a constitutionally entrenched provision to which all local enactments are obliged to conform.


Read more here
The Icon of Liberty: The Status and Role of Magna Carta in Australian and New Zealand Law - [2000] MULR 34; (2000) 24 Melbourne University Law Review 866


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