Manslaughter case against pilot Peter Thomas McDougall discontinued

Prosecutors have dropped a major charge against an amateur pilot police alleged caused the death of his passenger when a Christmas Eve joy flight turned to tragedy.

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

A manslaughter charge has been dropped against an amateur pilot police alleged caused the death of his passenger after a Christmas Eve joy flight turned to tragedy.

The pair had been taking what was intended to be a scenic flight over islands off the coast of Ball Bay, north of Mackay, when the amateur-built two-seater Jodel D11 light aircraft encountered engine trouble and crash-landed on the beach about 7.30am.

Tragically 83-year-old Gerardus Miltenburg, known as Gerry, died at the scene while pilot Peter Thomas McDougall was released from hospital later that day.

Police launched a 14-month lengthy and protracted investigation that culminated in March 2023 when Mackay detectives and Civil Aviation Safety Authority officers raided Mr McDougall’s Halliday Bay property.

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

Police also charged Mr McDougall with manslaughter over the Kuttabul grandfather’s death, while CASA officers laid various aviation related offences including carrying out maintenance when not permitted, not authorised to perform duty or commence flight and purported issue of authorisation.

The matter went through the magistrate court process that included a failed attempt to cross examine witnesses, that Magistrate Damien Dwyer labelled a fishing expedition, and was committed to Mackay Supreme Court on May 1, 2024.

Peter Thomas McDougall is charged with manslaughter over the death of Kuttabul grandfather Gerardus Miltenberg over a fatal beach crash on December 24, 2021 at Ball Bay. Mr McDougall leaves Mackay courthouse on May 1 after the charge was committed to the supreme court. Picture: Janessa Ekert

Once this occurred the Department of Public Prosecutions had six months to formally charge Mr McDougall in that higher court, however at the end of that deadline the DPP instead indicated it would be pulling the pin on the case.

This publication contacted the department and an Office of the Director of Public Prosecutions spokesman confirmed a “determination had been made not to present an indictment against Mr McDougall”.

“After a consideration of the admissible evidence, the Crown does not consider it has reasonable prospects of success in this matter,” the spokesman said.

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

The remaining aviation-related charges are listed for a date in December.

The move comes six weeks after the DPP also decided not to pursue an unrelated murder charge against Mackay father Ayden Bradshaw, who spent about 18 months in custody and just under two years on strict supreme court bail, over the death of his six-month-old son Beau Bradshaw.

Baby Beau was found unresponsive at his East Mackay home on June 2, 2020 and died in hospital two days later.

Mr Bradshaw was originally charged with and committed on a murder charge, however in late September 2024 the DPP confirmed the case against him had been discontinued after a review of the admissible evidence and it was determined the crown no longer “had reasonable prospects of success”.