The pilot charged with careless operation of a Pacific Blue passenger jet during a mid-winter takeoff can be named after sentencing in Queenstown District Court this morning.
Roderick Gunn, 55, appeared for sentence before Judge Kevin Phillips, who released his written decision earlier this month in which he found the pilot guilty of a Civil Aviation Authority charge of operating a Boeing 737 in a careless manner on June 22, 2010.
Judge Phillips did not disqualify Gunn but imposed conditions including undertaking ground-based training, a safety management course in the United States and not to act as pilot-in-command on any Queenstown flights for 12 months.
He was also fined $5100.
The Auckland-based pilot retained interim name suppression until today's sentencing.
During a lengthy, technical trial last year the proceedings in March, July and September heard expert testimony, witness accounts, pilots and aviation specialists.
Prosecutor Fletcher Pilditch in his closing submission said the court was obliged to disqualify the pilot to denounce and deter the offending.
The court was presented with a case where the pilot elected to exerise his own policies and his actions lay somewhere between arrogant and cavalier.
"What the court is presented with is offending conduct which is not just mistakes but a product of deliberate decision-making and a wilful departure from the rules."
Gunn's lawyer Matthew Muir said his client's entire career, a 30-year investment in aviation, was imperilled if the court elected to disqualify his pilot's licence.
Judge Phillips said the pilot was held in high regard and his career was exemplary but if there was a view among the aviation industry that the job must be done then that must be denounced.
"There appears to be some degree of either peer pressure or operator pressure to produce an outcome," he said.
Broadly, the authority's case alleged Gunn, who left Queenstown for Sydney at 5.25pm, should not have taken off after 5.14pm because rules stipulated departing aircraft needed at least 30 minutes before civil twilight cut-off at 5.45pm.
He was not entitled to plan for an emergency route to Christchurch if an engine failed and was required to plan for a return to land at Queenstown using a figure-of-eight manoeuvre.
The defence case argued the pilot's actions were correct, Pacific Blue policies and manuals were inconsistent and any breach of requirements, if demonstrated, was below the level of carelessness.
Judge Phillips' 316-paragraph decision said taking into account all of the circumstances, including the nature of the aircraft, terrain and proximity of Lake Wakatipu, the safety margins at the time were "seriously impacted".
Gunn joined Pacific Blue in 2005 as an Auckland-based captain and logged more than 16,000 flying hours, including 6000 hours flying Boeing 737s.
Story and Photo: http://www.stuff.co.nz
A judge has fined a Pacific Blue pilot who he said was arrogant and had put passengers in danger when he flew a Boeing 737 out of Queenstown in June 2010.
Roderick Gunn was on Tuesday fined $5100 and had conditions imposed on his ability to renew his airline pilot's license.
He flew his Boeing 737 from the resort town in near-darkness in June 2010 and was this month found guilty of carelessly operating an aircraft.
In sentencing at Queenstown District Court, Judge Kevin Phillips said Gunn was arrogant and showed no remorse after he was found guilty of flying the plane in breach of the airline's rule that permits departures in daylight hours only.
Judge Phillips said it was luck that prevented a catastrophe when Gunn decided to make up his own rules and ignore his airline safety manual.
He said the lives of the 64 passengers and crew were in real danger when the pilot flew the aircraft below 1000 feet as he tried to negotiate his way through low cloud and mountainous terrain.
Judge Phillips says Gunn's actions were alarming.
"You increased the risk of an absolute tragedy occurring. Your departure from the rules was a wilful decision. There was arrogance on the part of you that your experience and abilities would overcome rules of law."
The judge said he believed pressure from the airline to stay on time and pressure from his peers contributed to a situation where Gunn had to get the job done, despite warning signs indicating he should have never have taken off.
Gunn must undergo safety training and is prevented from flying into Queenstown as a captain in charge for 12 months.
He is still employed by Pacific Blue, now Virgin Australia, but will face a meeting with airline executives next week to discuss his future with the airline.
Story and Photo: http://www.radionz.co.nz
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