Post by Dave Homewood on Feb 12, 2024 13:48:59 GMT 12
An interesting case from the New Zealand Herald dated 12 Feb 1944.
AIRMAN CHARGED
LOW FLYING ALLEGED
NEW YEAR'S DAY INCIDENT
(0.C.) PAPAKURA, Friday
Before a district court-martial held to-day at a North Island Royal New Zealand Air Force station, Sergeant Warren John King Hart, R.N.Z.A.F., was charged with being a pilot of one of His Majesty's aircraft, flying at a height less than such height as is proscribed by regulation, in that he, in the vicinity of Waiheke Island on January 1, 1944, when piloting a Warhawk aircraft, improperly and without authorisation flew the same aircraft at an altitude of less than 2000 ft., contrary to King's Regulations and Air Council Instruction.
The president of the Court was Wing-Commander H. B. Burrell, O.B.E., the judge-advocate Pilot-Officer J. P. McVeagh, the prosecutor Pilot-Officer H. J. Butler. Members of the Court were Flight-lieutenants T. D. Webster and D. Hunter. Mr. S. D. Rice appeared for accused, and entered a plea of not guilty.
A Serious Charge
The prosecutor in opening the case said the offence of low flying, if established, was a particularly serious one. Every person was liable to imprisonment who was found guilty of such an offence, except when taking-off, alighting, or flying in bad weather or in specially selected areas and under special authorisation. In the present case it was the duty of accused and other pilots to fly at not less than 2000 ft.
On New Year's Day a considerable amount of flying was done from this station. Shortly after 10 a.m., he said, two planes left, one piloted by accused and the other by Sergeant W. G. Russell, who lost his life when his plane crashed into the sea in the vicinity of Waiheke Island. They were instructed to do two hours' flying, not in formation, but just to go their own way.
The flying officer at Maraetai on the day under review would say he noticed two planes flying in a southerly direction very low, not more than 50ft. up, and it was definitely established that the second plane flew so low that it hit the water, the pilot attempting to bail out. The machine, however, dived into the sea, and the pilot, Sergeant Russell, was drowned. The other aircraft flew just over the masts of boats in the bay near Maraetai, then flew off.
It had been established, said the prosecutor, that from three other stations in the North Island no types of this machine had been flown that day. Fourteen planes of this type were in the air from this station and all had been accounted for but the two in question.
Use of Radio Location
Counsel mentioned that, as far as he was aware, this was the first occasion on which radio location had been used in New Zealand in assisting in the administration of justice. Low flying, he said, was regarded as a very serious offence and young pilots must be restrained from this practice. In the present case, as the result of this escapade, the country suffered the loss of a very valuable aircraft, and what was infinitely more 'valuable, the loss of a young and capable pilot.
The prosecutor added that he was not suggesting Hart was responsible for the death of Russell, but he desired to bring home to these young pilots the inherent danger of low flying.
Squadron-Leader Henry R. Wigley said he had examined Hart's plane when it arrived back at the station and found blood and feathers on it. Pilot-Officer Scott said that he was proceeding to Ponui Island in his launch and observed two planes. The second touched the water, climbed again erratically to 100 ft.. then went over on its back and dived into the sea. The first machine appeared to climb, go out of sight, then turned and flew over Maraetai beach very low at about 100 ft. It then disappeared around the southernmost point.
The President: What was the first machine's minimum height over Maraetai beach? Witness: About 100 ft.
Entries in Log Book
Warrant-Officer M. C. Conway, in charge of the control tower on January 1 at the accused's station, who had seen service overseas, stated that he recorded the times of departure and arrival of planes by his watch and if he found it wrong he corrected it by time signals.
Counsel for accused, after perusing witness' log book, asked him if he could account for an alteration from 1008 hours to 1018 hours, the figure 1 having been inserted over the 0. The president interposed and stated that there appeared to be other alterations in the book. In reply to counsel, witness said that all the alterations in the log book looked like his. The Court then devoted considerable time to the technical side of radio location presented by an expert. The Court adjourned at 5 p.m. until Monday morning, when the remaining witness will be heard.
AIRMAN CHARGED
LOW FLYING ALLEGED
NEW YEAR'S DAY INCIDENT
(0.C.) PAPAKURA, Friday
Before a district court-martial held to-day at a North Island Royal New Zealand Air Force station, Sergeant Warren John King Hart, R.N.Z.A.F., was charged with being a pilot of one of His Majesty's aircraft, flying at a height less than such height as is proscribed by regulation, in that he, in the vicinity of Waiheke Island on January 1, 1944, when piloting a Warhawk aircraft, improperly and without authorisation flew the same aircraft at an altitude of less than 2000 ft., contrary to King's Regulations and Air Council Instruction.
The president of the Court was Wing-Commander H. B. Burrell, O.B.E., the judge-advocate Pilot-Officer J. P. McVeagh, the prosecutor Pilot-Officer H. J. Butler. Members of the Court were Flight-lieutenants T. D. Webster and D. Hunter. Mr. S. D. Rice appeared for accused, and entered a plea of not guilty.
A Serious Charge
The prosecutor in opening the case said the offence of low flying, if established, was a particularly serious one. Every person was liable to imprisonment who was found guilty of such an offence, except when taking-off, alighting, or flying in bad weather or in specially selected areas and under special authorisation. In the present case it was the duty of accused and other pilots to fly at not less than 2000 ft.
On New Year's Day a considerable amount of flying was done from this station. Shortly after 10 a.m., he said, two planes left, one piloted by accused and the other by Sergeant W. G. Russell, who lost his life when his plane crashed into the sea in the vicinity of Waiheke Island. They were instructed to do two hours' flying, not in formation, but just to go their own way.
The flying officer at Maraetai on the day under review would say he noticed two planes flying in a southerly direction very low, not more than 50ft. up, and it was definitely established that the second plane flew so low that it hit the water, the pilot attempting to bail out. The machine, however, dived into the sea, and the pilot, Sergeant Russell, was drowned. The other aircraft flew just over the masts of boats in the bay near Maraetai, then flew off.
It had been established, said the prosecutor, that from three other stations in the North Island no types of this machine had been flown that day. Fourteen planes of this type were in the air from this station and all had been accounted for but the two in question.
Use of Radio Location
Counsel mentioned that, as far as he was aware, this was the first occasion on which radio location had been used in New Zealand in assisting in the administration of justice. Low flying, he said, was regarded as a very serious offence and young pilots must be restrained from this practice. In the present case, as the result of this escapade, the country suffered the loss of a very valuable aircraft, and what was infinitely more 'valuable, the loss of a young and capable pilot.
The prosecutor added that he was not suggesting Hart was responsible for the death of Russell, but he desired to bring home to these young pilots the inherent danger of low flying.
Squadron-Leader Henry R. Wigley said he had examined Hart's plane when it arrived back at the station and found blood and feathers on it. Pilot-Officer Scott said that he was proceeding to Ponui Island in his launch and observed two planes. The second touched the water, climbed again erratically to 100 ft.. then went over on its back and dived into the sea. The first machine appeared to climb, go out of sight, then turned and flew over Maraetai beach very low at about 100 ft. It then disappeared around the southernmost point.
The President: What was the first machine's minimum height over Maraetai beach? Witness: About 100 ft.
Entries in Log Book
Warrant-Officer M. C. Conway, in charge of the control tower on January 1 at the accused's station, who had seen service overseas, stated that he recorded the times of departure and arrival of planes by his watch and if he found it wrong he corrected it by time signals.
Counsel for accused, after perusing witness' log book, asked him if he could account for an alteration from 1008 hours to 1018 hours, the figure 1 having been inserted over the 0. The president interposed and stated that there appeared to be other alterations in the book. In reply to counsel, witness said that all the alterations in the log book looked like his. The Court then devoted considerable time to the technical side of radio location presented by an expert. The Court adjourned at 5 p.m. until Monday morning, when the remaining witness will be heard.
