AIRMAN’S DEATH

Wairarapa Times-Age, 7 February 1941, Page 8

AIRMAN’S DEATH

COURT MARTIAL PROCEEDINGS.

CHARGE AGAINST FLYING OFFICER.

(By Telegraph—Press Association.) NEW PLYMOUTH. February 0. The Air Force court-martial, sitting at the New Plymouth Training School, today reserved its decision on serious charges preferred against Flying Officer C. Parker and arising from the i death on December 6 of Leading Air- ■ craftman M. S. Best, who was appar- ■ ently struck by the undercarriage of a i descending plane near the eastern i boundary of the landing ground. Park- ! cr, who was instructor to a pupil i in the plane, was charged with neglect in flying, causing loss of life. and. alternatively. with an act of flying, causing loss of life. He was also charged with causing damage to an airi craft. i For the prosecution, Flying Officer Jackson explained that accused could be guilty of one but not both alternative, charges, and suggested that the evidence tendered to guilt on the first count. The third charge automatically followed. The test of negligence was what a reasonably skilled pilot would have done under the circumstances of the landing. He suggested the weight of the evidence was that a reasonably skilled procedure was not practised. Tracing the events contributing to the fatality. Flying Officer Jackson said it had been established that the 1 plane had been handed over by the pupil to Parker for landing and came down too low from a side slip. Witnesses said they could see only the upper wing at a certain spot. It was Obvious the plane at the moment was very near the ground, if not touching it. Another witness said that it touched and rose again. The prosecutor, tracing the course on the left hand side slip coming in. said Parker admitted the plane was too low, and thought it did not touch I ground, but might have hit something. He proceeded to lift the plane and land. The bulk of the evidence showed that the plane either skimmed or actually touched the ground. Marks in the vicinity were attributed to a tail skid. The trainee with Best did not see the accident or notice the plane touch because he lay flat on the ground. The defence suggested the evidence was vague, and stressed two points: No person on the busy aerodrome saw or heard the plane strike the ground and neither did the pilot, pupil or Best’s companion see it strike. An engineer officer and Flying Officer Tilson had produced a plan of the locality with marks, but neither was prepared to state that the marks were

made by the plane. The significance of the marks were queried by the defence. which contended that the direction the plane was travelling would make them impossible. Moreover, there was no evidence that the starboard wing was lower, though the right hand wheel was alleged to have caused the fatality. The defence submitted it would be unfair and dangerous to hold Parker guilty of negligence or directly responsible for the fatality.