Peter Thomas McDougall to face Mackay Supreme Court for manslaughter
The legal team for an amateur pilot accused of killing his passenger during a Christmas Eve joy flight failed to convince a magistrate why they should be allowed to cross examine witnesses.
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An amateur pilot accused of killing his passenger during a Christmas Eve joy flight will stand trial in the supreme court for manslaughter after his legal team failed to successfully argue why they should cross examine witnesses in a committal hearing.
Magistrate Damien Dwyer labelled the move a fishing expedition when he refused the application on Wednesday, instead finding there was a prima facie case.
Peter Thomas McDougall is charged with manslaughter over the death of Kuttabul grandfather Gerardus Miltenberg after 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 committal on May 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.
Mackay Magistrates Court heard his legal team had made a submission to cross examine witnesses as part of the committal process, but Mr Dwyer determined they were just “throwing a net out to see what can be caught”.
He told the court he was of the view after reading both prosecution and defence submissions “a prima facie case has been established”, after which there was a full hand up committal for the manslaughter charge.
Prosecutor Leonie Taufa’ao tendered a number of exhibits as well as 24 witness statements.
When asked if Mr McDougall had anything to say in relation to the charge, he replied: “No I have nothing to say.”
The Department of Public Prosecutions now has six months to formally charge Mr McDougall in Mackay Supreme Court.
He remains on conditional bail including that he cannot fly, operate or supervise anyone else flying any aircraft.
The court heard the remaining charges were adjourned to the magistrates court to a date in December.
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