Peter Thomas McDougall pushes to have aviation charges tossed out
An amateur pilot says he has weekly calls to the Donald Trump administration as he pushes to have multiple charges linked to his capability to fly planes dismissed.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
An amateur pilot claimed to have “weekly” calls to the White House as he tried to have a raft of charges linked to his capability to fly planes tossed out.
The Civil Aviation Safety Authority has charged Ball Bay man Peter Thomas McDougall with 17 offences alleging he repeatedly illegally flew and performed maintenance on planes.
Mr McDougall has made an application for the charges to be dropped and for costs, voicing his frustration over how much he’s had to pay in legal fees.
It is alleged the offending – that included not authorised, comment flight; not authorised to perform duty; purported issue of authorisation; failed to surrender licence, certificate or document; failed to report an immediately reportable matter – occurred between 2011 and 2023.
The charges came to light after Mr McDougall was involved in a plane crash on Christmas Eve 2021 – he had been flying a two-seater Jodel D11 light aircraft when it encountered trouble and crashed onto the beach at Ball Bay about 7.30am.
The pair had been taking what was intended to be a scenic joy flight but tragically his passenger, 83-year-old Geradus Miltenburg, better known to his loved ones as Gerry, died. Mr McDougall was released from hospital later that day.
He was previously charged with manslaughter over the crash and that case was committed to Mackay Supreme Court on May 1, 2024.
However the court heard the Office of the Director of Public Prosecutions had decided not to proceed with the charge, and it was dropped.
The remaining alleged CASA breaches remain ongoing in Mackay Magistrates Court and recently Mr McDougall represented himself and pushed to have them dropped.
However Magistrate Damien Dwyer stopped his application in his tracks saying: “The simple fact is I can’t do anything.”
He further explained to Mr McDougall that he jumped ahead and not followed the proper court process, which entailed the charges first reaching the committal stage.
“If there’s insufficient evidence, then I’ll throw it out,” Mr Dwyer said.
“But we’ve got to get to that stage. That’s the law.”
Mr McDougall tried to argue back stating “this has been going on for three years now … and you put me in jail for seven days”.
Mr Dwyer replied, “No, I didn’t. You did. You wouldn’t sign your undertaking.”
Mr McDougall said he’s put in an application for the charges to be struck out and for costs “because I’ve had substantial costs over the past couple of years with two lawyers and a barrister”.
“And in the end, it was just thrown out,” Mr McDougall said.
Mr Dwyer told Mr McDougall if he did not like the law he needed to take that up with Mackay’s newest state MP Nigel Dalton “because he makes the law, I don’t”.
“Just to put you in the picture … I’m taking advice from the White House in America,” Mr McDougall said.
To which Mr Dwyer asked, “the old one or the new one”.
“The new White House in America, that’s the Donald Trump administration … I have weekly phone calls with them, and also the federal parliament … the ministers in the senate,” Mr McDougall said.
He further argued the law and prosecution was “under question” and told Mr Dwyer, “I’m privileged to be in this position, to actually be able to work with you to try and sort out the mess that this Civil Aviation Authority has got me into”.
Mr Dwyer ordered the brief of evidence for the commonwealth charges and matters were adjourned to a date in February.
“Then we’ll at least know more about what we’re talking about,” Mr Dwyer said.
Mr McDougall is also charged with producing and possessing dangerous drugs and possessing used drug utensils, which the court heard would remain in the magistrates court – meaning a plea of not guilty must be entered before any brief of evidence was ordered.
When Mr McDougall refused to enter a plea, Mr Dwyer entered pleas of not guilty on his behalf and ordered the brief of evidence. These matters were listed in May for summary hearing.
16 charges: Police allege man gave drugs to kids, raped them
A Queensland man who police allege groomed, sexually abused and gave drugs to children, faces multiple “very serious” charges. DETAILS.
Man who allegedly set fire to $1.8m home facing fresh charges
A young Ilbilbie man accused of ransacking and setting fire to a $1.8m home, and stealing and damaging a rural fire truck during bushfire season, is back on the streets after spending two nights in the Mackay watch house.