[Peetwo]

Part II: Credulity – Slightly stretched? - Just a bit.

P2 - "Q/ Coming back to the Gobbitt decision letter, one wonders why he didn't at least release the SFR, that is legally required to be forwarded to and signed by a CASA delegate assigned with the carriage of making an individual enforcement decision, that should have accompanied the Greg Hood original (24 December 2009) decision to suspend the DJ FCL?"

You could expect a fair percentage of pony-pooh to be contained in almost any ‘correspondence’ from CASA; they can’t seem to break wind without transmogrifying it into fully legally prescribed act of nature, with definitions, references and two paragraphs of wriggle room. It is simply the tiresome, self important, defensive nature of the beast; but…One has to draw the line somewhere and this current happy horse shit about ‘unsigned’ documents being ‘legal tender’ is way, way over the top. There is a clearly defined process and sound legal reasons for a document to be ‘signed’ (and dated). Simply stating that the ‘intent’ justifies an ‘unsigned’ howler turning up by pigeon post is bollocks.

Try to cash an unsigned cheque; or, just for fun don’t sign any flight associated ‘paper work’ like the MR. Can you imagine turning up in court and saying to the judge – “Well M’lud, my intention was to accept the legal responsibility as the Captain; surely that should satisfy the requirements”. “Furthermore, under legal professional privilege, I refuse to show the court any document, not fully redacted, which may indicate that I acted illegally – I do have the right to remain silent: thank you." You then sit down with a self satisfied, smug expression which lasts for the whole five seconds it takes the Judge to find the key to your cell, throw it away and call for the men in white jackets to come and take you away.

A few more breadcrumbs courtesy of CASA FOI officer Gobbitt...

Letter to Dominic James - sent 27-Nov-17.pdf Size: 1.01 MB  Downloads: 5

Merry Xmas DJ - L&Ks Hoody:

To begin, from the Wodger 23 December 2009 SFR to Hoody, we can establish that Hood basically copied & pasted the Wodger recommendation directly into the DJ 'notice of suspension' and posted off to DJ the very next day:

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"..There will be no negative implications for CASA.." - Do you reckon...

That aside do you notice the way the wording from Wodger implies that Hood will make no other selection other than option (a).

Hmm...wonder where the Hood signed version of the SFR is?

Note from the first page of the SFR and Richard White FYI above, we now get confirmation that the MALIU investigation, to that point in time, was relied on by Wodger and Hood to prove the enforcement action of suspending the DJ FCL.

And five days before:

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This would appear to indicate that Hood - with Dr A, McCormick and Farquharson cc'd - was fully engaged in the investigation into the actions of the Flightcrew at least a month before the DJ suspension decision...

Therefore Hood should have been fully cognisant of the fact that Airservices had released the record of Norfolk aerodrome forecasts applicable to the last flight of VH-NGA two days before the ATSB vidcon. :
 

However despite someone underlining the 0803 AMD TAF White, Chambers and Hood seemingly glossed over the significance of the non-relayed wx forecast by Nadi...

As passing coincidence on the same day that CASA received the wx forecasts from ASA, Richard White formerly notified the ATSB of the CASA investigation into the flightcrew:

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Hmm...that's passing strange? -  I thought White notified the ATSB that he would be conducting a parallel investigation (as per the 2010 MoU) the day after the ditching...

Quote from White's cover-up masterpiece, the CAIR 09/3:

Much, much..MTF - P2