Peter Thomas McDougall challenges court to review evidence ahead of committal

A Qld pilot charged after a fatal plane crash has demanded the court provide him with the ‘experimental’ vehicle he crashed and his personal diary after accusing a prosecutor of tampering with it.

Peter Thomas McDougall faces 7 charges alleging he repeatedly illegally flew and performed maintenance on an experimental aeroplane between 2011 and 2023.

An amateur pilot with seven charges hanging over his head was denied the return of evidence including the plane he crashed and a personal diary, accusing a police prosecutor of tampering with it.

Peter Thomas McDougall appeared in the Mackay Magistrates court on Tuesday, May 13 accused of repeatedly illegally flying and performing maintenance on an “experimental aeroplane” between 2011 and 2023.

He was involved in a plane crash on Christmas Eve 2021 which claimed the life of 83-year-old Gerardus Miltenburg when the aircraft crashed onto the beach at Ball Bay at about 7.30am.
Originally charged with manslaughter, that was discontinued by police in 2024.

He is still facing seven more charges including carry out maintenance when not permitted, not authorised to perform duty, not authorised commence flight, possess utensils or pipes etc that had been used, possession of dangerous drugs, producing dangerous drugs.

Peter Thomas McDougall’s application for a disclosure of evidence was denied by the court. Picture: Janessa Ekert

Mr McDougall, who represented himself, applied for the disclosure of 10 separate briefs of evidence which he said would help form his case when it goes to trial on July 28 this year.

This included the return of two aircraft and the original copy of his personal diary which were seized following his arrest on February 28, 2023.

“This unfortunate accident which was while I was testing an experimental aircraft which I have been doing for the best part of 40 years,” he said.

“That will hold vital evidence for me and it’s part of the evidence that we would require to form our defence.”

The accused also applied to have the criminal history of all prosecution witnesses, “in particular the Queensland Police Service”, a transcript of the body worn footage during his arrest and an arrest warrant which the prosecutor said did not exist.

Mr McDougall said it was “vital” for him to have his original diary back “unedited”.

“And I make that emphasis on it being edited. It’s been edited.”

Magistrate Bronwyn Hartigan asked the prosecution how it would respond to claims it had tampered with evidence.

Mr Marley said the allegation was “denied by the prosecution”, noting that each page is on an individual date of the year and each page already provided as PDFs.

“The seized exhibit could be produced at the trial. It won’t be returned before the trial.”

Magistrate Hartigan denied Mr McDougal’s request for the return of his aircraft and the original copy of his 2021 personal diary saying they were “not a proper item for disclosure”.

Fatal plane crash at Ball Bay, north of Mackay, on Christmas Eve 2021. Photo: Janessa Ekert

“He is virtually asking for the return of evidence … at this time it will not be returned,” she said.

However, Mr McDougall was granted access to the criminal histories of all witnesses, even though Magistrate Hartigan acknowledged that “they are not civilian witnesses and may not in the prosecution’s opinions have their credibility called into question”.

“It is important for Mr McDougall in my view to have evidence, if it exists, of any dishonesty on criminal history that relates to each of the witnesses,” she said.

A committal hearing is scheduled for May 26 where both sides will give evidence and call witnesses, though Ms Hartigan warned Mr McDougall that he had not filed a correct application for a direct hearing in respect to cross examination of witnesses.

“Whatever you have filed is not known to the law,” she said.

She also warned the accused of the risks he faces if he does choose to represent himself for the committal hearing.

“I have never ever had a self representative person give evidence or call witnesses. You may be the first,” she said.

“I advise you against it but that is a matter for you.”