Ball Bay fatal plane crash: Further delays in manslaughter case

The lawyer for an alleged killer pilot accused of causing the death of his passenger during a Christmas Eve joy flight has been forced to apologise during a heated courtroom discussion. DETAILS

Peter Thomas McDougall is charged with the manslaughter of Kuttabul grandfather Gerardus Miltenberg when a joy flight off Ball Bay went horribly wrong.

The lawyer for an alleged killer pilot accused of causing the death of his passenger during a Christmas Eve joy flight has been forced to apologise after calling the police prosecutor a liar during a heated courtroom discussion.

Amateur pilot Peter Thomas McDougall is charged with the manslaughter of Kuttabul grandfather Gerardus Miltenburg on December 24, 2021 at Ball Bay.

It is alleged the pair was taking what was intended to be a scenic flight over islands off the coast when the amateur-built Jodel D11 light aircraft encountered engine trouble and crash-landed on Ball Bay beach about 7.30am.

Tragically 83-year-old Mr Miltenburg, known as Gerry, died at the scene.

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

Mr McDougall, who appeared in Mackay Magistrates Court for the brief mention on September 12, is also charged with various other aviation related offences including carrying out maintenance when not permitted, not authorised to perform duty or commence flight and purported issue of authorisation.

His lawyer Eugene O’Sullivan asked for more time prompting Magistrate Damien Dwyer to say “enough is enough”.

Peter Thomas McDougall is charged with manslaughter of a passenger following a joy flight on December 24, 2021 at Ball Bay.

“It is the police that are holding up the matter,” Mr O’Sullivan said.

When prosecutor Leonie Taufa’ao agreed the brief of evidence had been available since May Mr O’Sullivan called her a liar.

“That’s a lie, we have not received the full brief,” he said.

Kuttabul 83-year-old Gerardus Miltenburg, known as Gerry, died in a plane crash at Ball Bay on Christmas Eve 2021.

As a result Mr Dwyer stepped in and told Mr O’Sullivan to apologise “otherwise I’m going to refer this to another place”.

Mr O’Sullivan did apologise to Ms Taufa’ao and then told the court that he was still waiting for material from police and as such the police brief in its entirety had not been supplied.

Ms Taufa’ao said the entirety of the police brief had been disclosed but that Mr O’Sullivan had made further requests outside of what police were relying.

Mr Dwyer sided with Mr O’Sullivan in that the full brief had not been disclosed and made directions for the remaining material to be handed over.

The case will come back to court in November.