Peter Thomas McDougall is charged with manslaughter over a fatal Ball Bay crash

A lawyer for an amateur pilot accused of killing his passenger during a Christmas Eve joy flight wants police to ‘identify the causation’ behind the manslaughter charge, while the prosecution revealed it took eight hours to copy the evidence across to a USB drive.

Peter Thomas McDougall is facing a manslaughter charge over a fatal plane crash on December 24, 2021 at Ball Bay.

A lawyer for an amateur pilot accused of killing his passenger during a Christmas Eve joy flight plans to call on police to “identify the causation” behind the manslaughter charge.

Peter Thomas McDougall is charged over the death of Kuttabul grandfather Gerardus Miltenberg over a 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.

Mr McDougall, who appeared in Mackay Magistrates Court for the mention on November 15, 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

The court heard the extensive brief of evidence had been transferred onto a USB, which was en route to Mr McDougall’s Victoria-based lawyer John Maitland who expected to receive it this week.

Prosecutor Sergeant Hannah Beaumont told the court the files took about eight hours to transfer onto the device.

Mr Maitland said he would be working with prosecution to “sort out our differences” regarding any witness cross examination.

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

“In particular we’re asking that prosecution please identify the causation that they allege gives rise to the manslaughter charge … that’s really the key one I’ll be looking for and I’m hoping that that’s going to be in the prosecution brief,” Mr Maitland told the court.

Magistrate Damien Dwyer, who was presiding over the matter, said it would be best if Mr Maitland could read the brief of evidence first.

“I’d only need a few days to go through it,” Mr Maitland said.

Peter Thomas McDougall is facing a manslaughter charge over a fatal plane crash on December 24, 2021 at Ball Bay.

“The prosecutor just told me it was substantial,” Mr Dwyer said.

“It actually took us quite a while to find a USB big enough to copy the material,” Sergeant Beaumont said.

“And it took eight hours plus to copy.”

At this Mr Maitland agreed he might need more time.

Matters were adjourned until February 7 for committal mention.