Court of Appeal finds for pilot

Press, 29 June 1983, Page 2

Court of Appeal finds for pilot

PA Wellington The pilot of a light aircraft that cut telephone wires while flying over a Canterbury riverbed has had his acquittal on a dangerous flying charge confirmed by the Court of Appeal. The pilot was Clutha Forbes MacKenzie, of Scargill, North Canterbury. The court comprised the Chief Justice, Sir Ronald Davison, Mr Justice Cooke, Mr Justice Richardson and Mr Justice McMullin. While approaching an airstrip' to land, MacKenzie flew his aircraft about 6% metres above the Selwyn River, the court’s judgment said. The tail fin caught two telephone wires suspended across the river and

dragged them along the ground. Two men who happened to be on the riverbed were forced to take cover. In the District Court MacKenzie was charged under the Civil Aviation Act with using an aircraft in such a manner as to be the cause of unnecessary danger to any person or property. The charge was dismissed but the Civil Aviation Division successfully appealed to the High Court. The Court of Appeal yesterday allowed an appeal by Mr MacKenzie and re-instated his acquittal. The District Court judge had found that the wires were difficult to see and there were no posts beside the river to indicate their presence.