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Aussie Lockhart River air crash families fight for justice

FAMILIES of the victims of one of Australia’s worst ­aviation disasters have been blocked by insurance giant QBE from long-running legal action in the United States.

Police pictures of the site of the plane crash at Lockhart River, Cape York. The Fairchild Metroliner III was on a May 7, 2005 flight from Bamaga to Lockhart River when it crashed, killing all 15 aboard.
Police pictures of the site of the plane crash at Lockhart River, Cape York. The Fairchild Metroliner III was on a May 7, 2005 flight from Bamaga to Lockhart River when it crashed, killing all 15 aboard.

FAMILIES of the victims of one of Australia’s worst ­aviation disasters have been blocked by insurance giant QBE from long-running legal action in the United States.

Detail from a memorial to the victims of the Lockhart River air crash at Iron Range airport on Cape York.
Detail from a memorial to the victims of the Lockhart River air crash at Iron Range airport on Cape York.

Fifteen people died in the 2005 Lockhart River crash on Cape York, but relatives yesterday told The Courier-Mail how they were “shocked and appalled” by a court order to end a nine-year lawsuit in the US against part-owners of the ill-fated Cairns-based Aero Tropics airline.

Lawyers for QBE obtained an order from the Supreme Court in Queensland restraining the Lockhart River families from taking any action other than to dismiss the damages claim before the US courts.

Twelve years on from the tragedy, the father of police ­officer Sally Urquhart, who died in the May 7, 2005 crash, said families had been victims of “bully boy tactics” and “intimidation” by Australia’s biggest insurance company.

Shane Urquhart with photo of his daughter Sally who died in the 2005 crash.
Shane Urquhart with photo of his daughter Sally who died in the 2005 crash.

Brisbane schoolteacher Shane Urquhart said none of the families or their lawyers had been notified of the latest legal action before the court order.

“We’ve been fighting for justice for our lost loved ones for so long, and now we feel the judge and the legal system has been duped,’’ he said.

“It’s not just us, but anyone who gets on a plane in Australia needs to know the sort of bastardry one of the biggest aviation insurers in the country will use against victims of air disasters and their families,’’ he said. “None of the plaintiffs were informed. None of our lawyers contacted.’’

QBE, according to its website, provides insurance to airlines, aircraft, airports, pilots, refuellers, baggage handlers and maintenance operators.

The Aero-Tropics Metroliner turboprop plane that crashed in dense forest 10km from Iron Range Airport at Lockhart River.
The Aero-Tropics Metroliner turboprop plane that crashed in dense forest 10km from Iron Range Airport at Lockhart River.

Reverend Mary Eseli’s son, Fred Bowie, and sister-in-law, Mardie Bowie, were among six victims of the air crash from the tiny indigenous communities of Injinoo and Bamaga, at the tip of Cape York.

“It has been an open wound in our hearts that has never healed,’’ she said.

A QBE spokeswoman said any action should be brought in Queensland, not in Missouri, where the aircraft was stored before it was bought by the Australian owners.

“QBE has paid compensation and costs, where appropriate, in respect of the claims by relatives of the deceased passengers against the operator of the aircraft.”

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Original URL: https://www.couriermail.com.au/news/queensland/aussie-lockhart-river-air-crash-families-fight-for-justice/news-story/2a9dc0dc231e2fb3efc63c3b729c4e30