Peter Thomas McDougall charged with manslaughter over Ball Bay plane crash death

Lawyers defending an alleged killer pilot want to question witnesses in relation to a Christmas Eve flight that ended with the death of a Kuttabul grandfather. But the case has hit a roadblock.

Lawyers defending an alleged killer pilot want to question five witnesses in relation to a Christmas Eve joy flight that resulted in the death of Kuttabul grandfather Gerardus Miltenberg.

Peter Thomas McDougall is charged with manslaughter over the fatal beach crash on December 24, 2021 at Ball Bay.

It is alleged the pair were 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 about 7.30am.

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

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

Mr McDougall, who appeared in Mackay Magistrates Court for the mention on November 1, 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.

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

Melbourne-based lawyer John Maitland, who told the court “I’m the aeroplane man, yes”, said there had been some difficulties in accessing the police brief of evidence, which had been due mid October.

Halliday Bay pilot Peter McDougall who is charged with the manslaughter of Mr Miltenberg.

The court heard the full brief had been disclosed but Mr Maitland said he could not access all the files as some of the “hyperlinks” indicated “access denied”.

Prosecutor Leonie Taufa’ao said the brief had been provided on a USB stick and did not involve any hyperlinks.

She submitted the best course would be for her to have a phone conversation with Mr Maitland so they could talk through any issues.

The court heard Mr Maitland had made a request to question a witness as part of the committal process, but Magistrate Damien Dwyer indicated the first issue to be dealt with would be his access to the brief.

Matters were adjourned until mid November.