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

Kharon 1st Nov 2011 09:00

Paul Phelan 's latest
 
Birds? what birds?
http://images.ibsrv.net/ibsrv/res/sr...ies/thumbs.gif

Even in amongst the mess and and fuss of the Tiger/ Qantas tales, this saga must give many professional aviators pause for serious thought.

How long must this industry tolerate the absolute mendacity, incompetence and piss poor management of the “authority”.

Again and time again, no discussion, no guidance, no tolerance, no probity, no accountability and no bloody conscience.

I wonder if the “director” understands the effect of his words on the lower ranks he commands ?; the level of support he offers his 'troops' is admirable, laudable and infinitely sensible. I just wonder if he is aware of the travesties and injustices committed 'in his name'.

If he is not, then he should examine some of the cases with the same energy he would apply 'to the letter of the law' (even bad law) matters placed in front of him. If he is, then resignation, with apology is the only option available to him.

D. Allwood is now prosecuting another victim; it is a very bizarre tale. But, not my story to tell. If it were told, here and now, the entire aviation world would call a halt to this madness.

Question, Is McCormick cognoscente of the loose interpretation of his edicts or; is he complicity aligned with the current flagrant abuse of 'powers'.

Selah.

Jabawocky 1st Nov 2011 12:47

I love how the CASA folk tried the old character assassination trick. Picked the wrong enemy there:= :ugh:

So are they going to contest it?

Unreliable and simply lies from a witness who was in jail for one is a good reason to have a fresh look at this case.

thorn bird 1st Nov 2011 17:35

The problem Jaba, is the poor sod is now probably bankrupt, so again a public servant and I use that phrase with tongue firmly planted in cheek, servant he aint! can totally destroy the well being, reputation and career of a citizen of this country without a proper judicial hearing.
The fact that the dpp declined to prosecute should have been enough to end this sorry tale. Unfortunately the Allwoods of this world have ego's inversly proportional to the size of their d..ks, they cannot be wrong and will move heaven and earth and evidence to make sure they aint.
I cant imagine how someone with the apparent probity and ethics displayed by Allwood can sleep straight in bed at night.
I hope this sorry tale makes it to the senate committee...."something is rotten in the state of Denmark"..read OZ

Aussie Bob 1st Nov 2011 18:15

One only has to look at this thread: Kool Video (which I suspect, in part, is about the same guy), to work out that there is none worse than a fellow pilot to make a judgement on another pilot.

When that fellow pilot becomes a CASA employee then the problem is exacerbated tenfold. Highly opinionated, judge, jury and executioner and gossip artist, not to mention, quick to judge and quick to report to authorities spring to mind when thinking of aviation industry employees, CASA or otherwise. What is worse is that in this industry we favour judgment by peers over resolution by the court.

Poor fellow my industry.

mattyj 1st Nov 2011 18:55

Sad indictment on pilots too isn't it? How do we attract more real people into the industry? Are there any left..

Sunfish 1st Nov 2011 21:10

Did anyone think to:

(a) Locate an R44 helicopter.

(b) Acquire a video camera of approximately the same make and model used.

(c) Acquire a person of the matching shape.

(d) Duplicate the footage with a synchronised camera photographing the instruments?

As for birds on barrier reef pontoons, I can attest to that, so can others.

Jabawocky 2nd Nov 2011 01:57

I think it will bring a "No Camera" policy from a lot of operators in future.

Sure the operations were not nice gentle turns, but when you look at the physics of it, and the reality of it they have only conned a judge who knows know better. The embarked on a discredit the expert witness process on the defence experts and the power of authority was misused in doing so.

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.:ok:

Note to self...........remind me to clear my data logs :}

aroa 2nd Nov 2011 05:06

Jaba ... I know of an Ag pilot, falsely accused of something, went straight to his flight data logger... and could prove all that they had to say was patently WRONG. It proved then and there that THEY didnt know the rules.!!
Exit stage left 4 FOIs..!:ok:

So the messsage is.. protect thyself... by whatever means available.

After being falsely accused of something by 3 SAWIs, I sent a circular letter around FNQ advising folk in GA to NEVER speak to a CASA person alone.
And if you do talk, you had better have a recorder,a witness, a note taker or some method of countering the falsities that will arise if you dont.

It is truly amazing how and what these morally bankrupt illegitimates can twist and modify, what is said, what was done. Bloody magicians!!

How do they get away with it. Its pretty simple really. They are a protected species, not an endangered one, unfortunately. You only have to read the Senate spray from the CEO some years back to see where their intent lies.
If you have no accounability, integrity or moral backbone at the top..it can only mean free reign down at the bottom of the dung heap.
All ar$es covered and funded by the poor unsuspecting/disinterested taxpayer.:suspect:
CASA employes behaving badly? No worries! They're saving the world from falling aeroplanes, remember?
Anything can be done in the name of "safety" And they do.:mad::mad:

blackhand 2nd Nov 2011 21:22

  1. The conduct of 28 September 2008, we think, demonstrates that Mr Quadrio was prepared to disregard the requirements of safety to satisfy a need to entertain the passengers. It is not open to a pilot, a fortiori a commercial pilot, to determine which rules ought be obeyed. And it is not open to a pilot to ignore the manufacturer’s recommendations regarding performance. We need not recite the findings that we have already made. They satisfy us that Mr Quadrio was not a fit and proper person.
  2. And that conclusion is fortified by Mr Quadrio’s subsequent actions. We do not intend to include in that Mr Quadrio’s initial denial of being the pilot in charge of HTE on 28 September 2008. As we have said criminal proceedings had been threatened. Mr Quadrio was not obliged to provide any evidence that might tend to incriminate him. The Authority points to no duty that obliged him to assist the Authority to prosecute him or to take steps to cancel his licence.

I can't see where Mr Quadio has been unfairly dealt with. Please elucidate.

Cheers
BH

Kharon 2nd Nov 2011 21:49

Aristotle said
 
"FOR ONE SWALLOW DOES NOT MAKE A SPRING, NOR DOES ONE SUNNY DAY."

I don't believe that two 'cherry picked' paragraphs from the hundred or so pages provide anything like a fair assessment of this issue.

Hopefully, neither will any 'reasonable' person assessing the matter as being 'beyond reasonable doubt'.

That means in court, within the rules of evidence.

Flaming Casasexuals. http://images.ibsrv.net/ibsrv/res/sr...lies/pukey.gif

blackhand 2nd Nov 2011 22:18

@Kharon

I don't believe that two 'cherry picked' paragraphs from the hundred or so pages provide anything like a fair assessment of this issue.
Apologies if it appears to be "cherry picking".

I know nought of the issue, only what the AAT has written.
Can you explain why you feel the ruling is in error - the paragraphs I choose seemed to sum up AAT's reasoning.

Para 36 states
The same is true of the Authority’s reliance upon the statement of Mr Coglan’s companion
If the Authority wished to rely upon that statement as evidence of the truth of its contents it was bound to call the witness to permit Mr Quadrio to cross-examine the witness. Whilst the Tribunal is not bound by the rules of evidence, reliance on a statement of a witness, not called in the proceedings and whose absence is not explained, would deny procedural fairness to the other party.


Para 36 is in Mr Quadrio's favour, not CASA's
BH

T28D 2nd Nov 2011 23:47

Blackhand,
A judgement is meant to be read in the Whole to make absolute sense.

Cherrypicking paragraphs as if they are authorities is simplistic and invites criticism.

aroa 3rd Nov 2011 00:15

Mr Quadrio is neither a rogue or a reprobate, he may be a Heli CPL that did a couple of low turns prior to landing.. that may have breached the Ops Manual... BUT is that a valid reason to crucify some one, obliterate their Licence, ask his employer to give him the bump, long before any evidence or investigation has occurred, thus destroying his income and right to work,
BEFORE it is proven??? :eek:

Try this MO with a bureaucrat and they would be, and have the PSU screaming like a stuck pigs at the abattoir.

Do tell what Robinson manufacturers performance parameters were ignored.

The dead mans curve?? As far as I am aware, you cant operate a helicopter without going there at some stage of the flight.....No?
Take off and climb out, approaching to land..... mustering ???? Will that have to cease.?? The engine might stop, the mast might seperate... geezus why do they do it.
Unsafe, unsafe !! , ..the sky is falling. the sky is falling.!!

And of course, none of the CASA heli pilot witnesses would ever have done anything like that, would they..? So clean and righteous!

As is the history of Oz aviation, never have so many CASA people spent so much (taxpayers) time and money, to achieve so little in the name of "safety"

And done much harm to a few in the process. :mad::mad::mad:

blackhand 3rd Nov 2011 01:21


A judgement is meant to be read in the Whole to make absolute sense.
Cherrypicking paragraphs as if they are authorities is simplistic and invites criticism.
I asked a question and used the paragraphs as way of introduction.
I am not at all interested in CASA the bogeyman, I want to know under which paradigm the pilot is innocent and both CASA and AAT are in the wrong.

Cheers
BH

jas24zzk 3rd Nov 2011 01:42

What I found rather interesting, was the the CDPP, saw fit not to pursue charges, and yet, the AAT can still uphold CASA's decision to cancel the guys licence.

LUDICROUS!!

Guilty when innocent seems to be the tune.

gobbledock 3rd Nov 2011 04:18

From the article by Phelan (my bold):

One of the most disturbing aspects is that once again events have highlighted the apparent existence of an unacceptable culture permeating some elements of the Civil Aviation Safety Authority that not only allows the kind of misconduct we have detailed to continue, but either supports it or stolidly denies it exists. That kind of a culture cannot survive without the awareness of senior management. It is relevant that some of the names associated with these events he go back more than fifteen years.
Of further interest since this event first started, messrs Hood and Campbell have received promotions, as well as the head of internal legal, to Associate Dirctor.

Paul Phelan 4th Nov 2011 23:53

Paul Phelan
 
Blackhand, I rarely get involved on this site but you obviously haven't read my analysis. If you take the trouble to read the last few pages on aviationadvertiser.com.au you will find that with the exception of the low flying allegations CASA's entire case was based on the proposition that Quadrio was flying "aerobatic" manoeuvres, and that was based on analysis of the videos by various CASA "experts". Quadrio didn't even recall the particular flight but I know (because I've been there) that flying in that environment you sometimes spend half your time dodging formations of migratory birds so bird encounters are the norm and you don't remember each one individually. And while they were scratching through the videos looking for evidence, it was staring them in the face; they actually stopped it at the 32 second point to measure the bank angle and STILL didn't see the birds. I found the birds on the second run because I wound it back to see what the apparent smudges on the windscreen were. The two paragraphs you quoted, and many more, were full of scorn and derision for the bird evasion proposition, and were the basis of what has now been shown is a totally incompetent and negligent process that has cost this mature and stable pilot three years of abuse, $80,000 in legal fees and loss of three years income. Have a look at the video on our site and see if you can spot the birds. If you can't, don't make a habit of flying over the Great Barrier Reef belw about 10,000'. The birds are in a two-second sequence starting at the 30 seconds point. I think you should consider posting something on this thread when you are thus enlightened.

Paul Phelan

blackhand 5th Nov 2011 07:22

@Paul Phelan
PM sent

Cheers
BH

Sarcs 5th Nov 2011 10:22

Good retort Paul! I couldn't agree more, the bird life out on the reef pontoons, helipads and shipwrecks is very much alive and well!:ok: It is just a matter of time before a bird (usually cormorants) is injested by a low flying chopper or fixed wing.

Kharon 6th Nov 2011 06:12

Regulatory sanity
 
This makes more sense to me. Breath of fresh air.


Dear Mr. Phelan,

How can this be? I refer to your article regarding the prosecution of Mr Quadrio.

CASA is a Regulator and its role is clearly defined in the Act, Regulations, Orders etc, but there is a fundamental lie in the way Mr. Quadrio has been hounded. This has now resulted in the AAT upholding a decision, an administrative decision by CASA, the basis of which had been rejected by the public prosecutor.

How can any person or operator, without matching financial resources to CASA’s, ever seek protection from the abuses of power and privilege, or receive justice, against the methods employed by CASA as you have described in your article?

The procedures described in this case can only be described as draconian and applying administrative persecution of an individual until CASA’s agenda has been satisfied i.e. win at all costs, regardless of the safety result.

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.

In my time as Regional Manager in the previous, CAA, reporting to the then CEO, now renamed “Director”, we battled, sometimes successfully, at times unsuccessfully, several minor “Fiefdoms” that evolved during a restructure. I lament what I now see what CASA has become – one very large “Fiefdom” and one that seems to have unlimited legislative manpower resources and what can be perceived as an almost fanatical desire to use them.

Regardless of what the Director advises in his monthly newsletter, some of the staff identified in your article have become corporate bullies, seemingly protected and allowed by senior management to intimidate the industry with little regard for the real issues of flight safety. Tactics born from dictatorial attitudes, dogmatic agendas, innuendos and intimidation, not to mention threats to an employee’s employer, create nothing but contempt for the individuals. Furthermore, those attitudes tarnish those staff trying to operate professionally and in accordance with the published Government and CASA Charter.

Indeed, the good personnel in CASA all become typecast and stereotyped when the poor behavior and processes you describe are placed in the public arena.
In respect of the CASA Charter, I wonder how many staff, managers especially, actually know of it and how it describes clearly the methods CASA staff are to conduct business?

Here is the link for those who would like to acquaint, or reacquaint themselves with the document.

http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_92927

I wonder also how the industry feels about the value of the monthly advisories of Director Mr McCormick, compared to the actions of some staff and the Charter? It would surprise me if many did not reach a conclusion where one or both documents were classified as meaningless Spin.

I would hope that not to be the case.

In my own CASA executive life I sought to achieve clear objectives, the first being to seek out the “cowboys”. The good operators actually needed little regulation – only communication and some education as to both organisation’s responsibilities. There are still policies mandated by CASA either as Regulations, Orders and/or Policies that are counter-productive to safety.


Power can be a seductive influence; but with power there must also be responsibility, accountability, reasonableness and a focus oy n real aviation issues. It should not be used as a cloak for a near paranoid legislative determination in the false name of safety.

Yours sincerely,
Maurie Baston.
Aviation Advertiser 4/11/11.

thorn bird 6th Nov 2011 18:41

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?

blackhand 6th Nov 2011 20:26

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

thorn bird 7th Nov 2011 08:48

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.

Jabawocky 7th Nov 2011 09:08

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?:rolleyes:

gobbledock 7th Nov 2011 11:53

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 !

jas24zzk 7th Nov 2011 12:59

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

Stan van de Wiel 9th Nov 2011 01:28


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.

blackhand 9th Nov 2011 05:14

@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

Aussie Bob 9th Nov 2011 06:46

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.

T28D 9th Nov 2011 09:17

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.

Trojan1981 9th Nov 2011 21:02


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?

gobbledock 9th Nov 2011 22:54

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!

Sunfish 9th Nov 2011 23:23

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.

Jabawocky 10th Nov 2011 01:40

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. :ugh:

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.:ok:

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?:ok:

LeadSled 10th Nov 2011 01:41

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!!

aroa 10th Nov 2011 04:47

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.:mad::mad:

It should be a subject for ALL pilots. Self Protection Methods : Legal 101. :ok:
Talk to a CASA person alone... at your peril.

jandsquadrio 10th Nov 2011 06:16

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.

Jabawocky 10th Nov 2011 06:18

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 :ok:

jandsquadrio 10th Nov 2011 06:36

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.

Kharon 10th Nov 2011 06:44

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. :D



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