Ball Bay fatal plane crash: Lawyers for Peter Thomas McDougall to review expert analysis

Counsel for a man charged with causing a fatal plane crash in Queensland said they were “flying blind” in a mass of evidence from aviation experts as a possible trial still looms.

Counsel for a man charged with causing a fatal plane crash in Ball Bay said they were “flying, no pun intended, blind” in a mass of evidence from aviation experts while a possible trial still looms.

Another delay will push back judgment on a man charged with manslaughter after lawyers raised concerns about an extensive evidence brief from aviation experts.

Peter Thomas McDougall was flying an amateur-built Jodel D11 light aircraft on Christmas Eve in 2021 when the plane crashed at Ball Bay at 7.30am, killing 83-year-old Kuttabul grandfather Gerardus Miltenberg.

Litigation has dragged on with Mr McDougall’s first lawyer Eugene O’Sullivan requesting months-long extensions for evidence analysis in early 2023, and now his current counsel have requested that evidence be condensed.

Melbourne-based counsel John Maitland and John Ribbands said they had found it hard to “divine” the case against Mr McDougall from the variety of issues identified in lengthy reports written by two Civil Aviation Safety Authority (CASA) analysts and an independent aviation firm.

Peter Thomas McDougall outside Mackay courthouse ahead of his mention on manslaughter charges over a fatal plane crash on December 24, 2021 at Ball Bay.

They presented an application to be able to cross-examine the expert witnesses should a trial go ahead.

“We’re sort of flying, no pun intended, blind, where we’ve got a charge of unlawful killing … but what was the unlawful act that lead to the death?” Mr Ribbands asked.

“We’re entitled to know in advance the nature of the case.

“Nowhere will anyone say to us, this is why the state of Queensland is coming down on top of Mr. MacDougall with a charge of manslaughter, this is the unlawful act that we say is led to the death of the passenger, Mr. Miltenberg.”

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

Magistrate Damien Dwyer interrupted to note “but there may not be just one” and said causes of any number would be a matter for the jury should the case proceed to trial.

Mr Ribbands accepted there could be a number of causes, but insisted the vastness of possibilities could “lead to a plea” or “a trial which could potentially go for weeks”.

Police prosecutor Leonie Taufa’ao explained one of 30 bullet points on the crash’s cause when asked by Mr Dwyer and insisted Mr McDougall had breached multiple requirements for pilots and plane maintenance ahead of the fatal incident.

The defence lawyers received a USB with the evidence brief in November 2023, which the court heard at the time took eight hours to download.

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

Mr Ribbands said the possibilities in the reports of a passenger kicking the plane’s fuel selector or the plane overturning when it hit soft sand - among others - were too wide.

He requested defence be given time to present an analysis of the three expert reports to pin down “the exact issues” of the case.

Mr Dwyer said both parties were “guilty of the same sin” with defence’s application being a “blank causation with no specifics” and prosecution’s case being a “blank allegation” without specifics.

He accepted the proposal, ordering defence counsel provide the analysis by March 29 and prosecution respond by April 19, but said he would accept no further delays in the case.

“I’ll adjourn it to May 1, that will be the last adjournment (and) I’m not going to take any further applications, it’s got to be sorted out,” Mr Dwyer said.

“This things getting whiskers and it’s got to come to a head soon.”

Originally published as Ball Bay fatal plane crash: Lawyers for Peter Thomas McDougall to review expert analysis