Peter Thomas McDougall charged with manslaughter over Ball Bay fatal crash
A self proclaimed ‘aviation pioneer’ charged over a Queensland fatal crash that claimed the life of a beloved grandfather has copped a serve from a magistrate over his sovereign citizen ideology.
Police & Courts
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Police have fought to keep a self proclaimed “aviation pioneer” accused of manslaughter in custody over concerns the sovereign citizen does not accept Queensland law and is a risk of further offending.
Peter Thomas McDougall, who is accused of killing his 83-year-old passenger when his plane crashed at Ball Bay, applied for bail over Christmas Eve fatality.
Prosecutor Ruth Whisker argued to keep the 66 year old on remand because he was a risk of committing further offences given he “does not acknowledge the Queensland legislation”.
“He doesn’t accept the Queensland Police Service,” she said.
It is also alleged Mr McDougall, who labelled himself “an aviation pioneer”, made comments to police in relation to the fact he did not need a licence and he had continued to fly up to his arrest.
“It’s our position that no condition would mitigate the risk given the attitude demonstrated by (him),” Ms Whisker said.
“He has continued to fly despite being told on multiple occasions that he’s not authorised to do so.”
Police allege he is responsible for the death of Kuttabul grandfather Gerardus Miltenberg on December 24, 2021 while the pair were taking what was intended to be a joyflight around some of the islands off the coast.
It is alleged the amateur-built Jodel D11 light aircraft encountered engine trouble and crash-landed on Ball Bay beach about 7.30am, and tragically Mr Miltenberg, known as Gerry, died at the scene.
“This business that’s going on with sovereign citizen Mr McDougall, it’s a load of rubbish,” Magistrate Damien Dwyer said.
“Right from the outset, I don’t accept it … as the president of the Court of Appeal says it’s just gobbledygook … it’s complete rubbish and I take no notice of it at all.”
The 66-year-old Halliday Bay man has spent a week in Mackay watch house since his arrest on manslaughter over the incident north of Mackay.
Mr McDougall is also charged with three offences under the Civil Aviation Act dating back to 2015 over the plane by flying an aircraft without a licence, unlawfully carrying out maintenance and flying without satisfying safety requirement.
Police allege Mr McDougall was the owner of the plane at the time of the crash, that he should not have been flying and that the aircraft should not have been flown.
He is also charged with producing and possessing marijuana, possessing used pipes and an undefined offence.
The court heard Mr McDougall had no history and that he also had “refused to participate in any medicals as required to operate an aircraft”.
Mr Dwyer said Mr McDougall had the presumption of bail and found the risks could be mitigated with conditions.
“If you sign it you are agreeing that this is the laws of Queensland and on that basis and that basis alone you’ll be allowed out,” Mr Dwyer said.
“We’ll see how deep your beliefs are whether you want to stay in custody for the next 12 months of whether you want to sign the document acknowledging the laws of Queensland.”
Bail was granted. The conditions including residential and weekly reporting.
Mr McDougall must not fly or supervise anyone to fly any type of aircraft, which also extended to any maintenance.
The matter was adjourned to May 10.
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