Peter McDougall charged with manslaughter over Ball Bay plane crash death
A pilot accused of the manslaughter of an 83-year-old passenger in a plane crash does not believe the civil aviation authority has any say over whether he could take to the skies, a court has heard.
Police & Courts
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A pilot accused over the manslaughter of an 83-year-old passenger in a plane crash at Ball Bay on Christmas Eve was allegedly flying up until his arrest 14 months later.
It is understood Halliday Bay man Peter McDougall is a sovereign citizen and it is alleged he does not believe the civil aviation watchdog held any say over whether or not he could take to the skies.
The 66 year old appeared in Mackay Magistrates Court on Wednesday facing at least four charges stemming from the 2021 beach tragedy that claimed the life of Gerardus Miltenberg, as well as three drug-related matters.
Prosecutor Ruth Whisker said bail was opposed on the grounds Mr McDougall would “continue to fly and endanger the safety of others” and defy Civil Aviation Safety Authority requirements.
“In those circumstances he’s an unacceptable risk,” Ms Whisker said.
Sean Gibbs, of Fisher Dore Lawyers for Mr McDougall, said his client – a father of four – had no criminal history, was retired and acted as a carer for his partner who had health issues.
Magistrate Damien Dwyer said his only concern was in relation to Mr McDougall committing further offences.
“He has indicated he continued to fly … up until February of this year,” he said.
“But he’s also indicated that he doesn’t believe that CASA has any control or that he doesn’t need any licence.”
The court heard it was also alleged Mr McDougall continued to fly a plane that was not being maintained by authorised aviation mechanics.
“That’s a major concern for me,” Mr Dwyer said.
Mr Gibbs said that allegation was as a result of an interview his client had on his arrest.
“On my instructions he may not have said specifically … that’s paraphrased … that’s not said word for word,” Mr Gibbs said, adding he believed the allegation involved helicopters not planes – but either way he was unlicensed.
Mr Dwyer will give his decision on bail on Monday after requesting the police interview transcript.
Initially there were six people, including Mr McDougall’s partner, sitting in two different groups in court for the matter.
Before Mr McDougall’s case was heard, one of his supporters Heidi Ward was brought into Mr Dwyer’s court and told to leave Mackay courthouse after it was alleged she may be planning to record within the precinct.
She has denied this allegation.
Police on Tuesday charged the 66-year-old Halliday Bay man with manslaughter, as well as breaching the Civil Aviation Act dating back to January 2015, by flying an aircraft without a licence, unlawfully carrying out maintenance and flying without satisfying safety requirement.
He is also charged with producing and possessing marijuana and possessing used pipes.
Earlier Mr Dwyer questioned his jurisdiction to hear the matter and the matter was initially adjourned for committal mention on May 10.
The bail application was then reopened some hours later.
Following the first mention of the case Ms Ward, outside the courthouse, said they planned to file a “habeas corpus” in relation to Mr McDougall being remanded in custody.
Kate Gibson who was with Ms Ward and Mr McDougall’s partner said they were there to support the accused.
“I was really saddened to see that he didn’t get bail,” she said, adding it was her understanding Mr Miltenberg had a heart attack.
“To say that Peter killed that person is grossly unfair, he’s innocent until proven guilty.
Ms Gibson has alleged Mr Miltenberg “signed a waiver for an experimental aircraft”.
Ms Gibson said her friend Ms Ward was “thrown out of court” over a misunderstanding.
“I’ve ever seen anything as extraordinary as this in a courtroom and I’ve been in plenty of court rooms for all sorts of reasons,” she said.
Kuttabul grandfather Mr Miltenberg had been enjoying a joy flight, which was intended to be a short flight around some of the islands off the coast, when it is alleged the amateur-built Jodel D11 light aircraft encountered engine trouble and crash-landed on a Ball Bay beach.
Mr Miltenburg, known as Gerry, tragically died at the scene.
Multiple police and emergency crews including the Forensic Crash Unit, Scenes of Crime, Mackay detectives, SES, fire and rural fire crews and paramedics were called to the scene, finding an extensively damaged light aircraft.
Investigators were forced to gather evidence from the wreckage ahead of the incoming tide.
Mr McDougall was flown to Mackay Base Hospital with a head injury. He was treated in the emergency ward but not admitted.
The Australian Transport Safety Bureau investigated the fatal crash before ownership was handed back to Queensland Police Service.
Mackay Criminal Investigation Branch detectives embarked on a complex 14-month joint agency investigation with the Civil Aviation Safety Authority.
On Tuesday detectives and CASA investigators executed a search warrant at a Halliday Bay Road, Halliday Bay home.
Police will allege Mr McDougall was the owner of the aircraft at the time of the crash.
It will further be alleged he was responsible for Mr Miltenburg’s death, that he should not have been flying and that the aircraft involved should not have been flown.
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