Christopher Clint Cooney disputes alleged unlicensed pilot charges in Mackay magistrates court
A Queensland man facing allegations of unlicensed piloting from four years ago used the constitution to try and keep a magistrate from proceeding with his trial.
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A Mackay region man charged with piloting an aircraft without a licence cited the constitution in his efforts to have the matter thrown out of court.
Christopher Clint Cooney is charged with piloting an aircraft four times between March 10 and July 22, 2021in Ball Bay, without authorisation from the Civil Aviation Safety Authority.
He is also charged with not keeping logbook for his registered aircraft between April 8, 2022 and June 14, 2022.
Mr Cooney disputed some of the dates related to his charges, particularly his charge of not keeping a logbook.
“The charge has been changed from not having a logbook … that throws the whole thing out,” Mr Cooney said.
“None of this is admissible.”
Magistrate Damien Dwyer insisted his role was only “administrative” to Mr Cooney and said his role was to determine if a jury could convict Mr Cooney on the evidence and said it was his view a “properly instructed judge and jury could convict”.
“I’m going to hear what the defendant has to say,” Mr Dwyer said, which Mr Cooney refuted and asked instead to be called Chris.
“I can’t assume the role of defendant,” Mr Cooney said.
Mr Dwyer said “you’re not assuming it I’m giving it to you”.
Mr Cooney said he’d suffered as a result of the charges brought against him and had been dragged out of his home and arrested.
He asked to know who was bringing the charges against him and said he hasn’t had the chance to face his accusers.
“I make a motion to have this whole matter thrown out,” Mr Cooney said.
Mr Dwyer denied the motion and told Mr Cooney to move on.
Mr Dwyer listened to Mr Cooney’s arguments for 40 minutes, during which he made reference to the constitution in his arguments before Mr Dwyer said “quite frankly it’s gobbledygook”.
Mr Cooney also referred to the Evidence Act 1977, saying the act allowed for prejudicial evidence to be discounted, which Mr Dwyer agreed with but said was the purview of a district court judge.
“I am of the view that the evidence provided is sufficient,” Mr Dwyer said.
The matter was committed to the district court for trial and Mr Cooney was released on bail.
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Originally published as Christopher Clint Cooney disputes alleged unlicensed pilot charges in Mackay magistrates court