Pilot swung deer at man—witness

Press, 4 August 1977, Page 3

Pilot swung deer at man—witness

Greymouth reporter

Allegations that a helicopter pilot had swung a deer carcase at another man sitting on two other carcases and that he had rested a skid of the machine on the man’s leg were made in the Magistrate’s Court at Greymouth yesterday before Mr J. S. Bisphan, S.M.

Howard Arthur Smith, a helicopter pilot, of Hokitika, pleaded not guilty to a charge of operating a helicopter at Rimu on December 30 in such a manner as to be the cause of unnecessary danger to any person or property.

Mr D. J. Tucker appeared for the Ministry of Transport and Mr K. C. Marks for Smith.

Graham Surgenor, a bush contractor, of Rimu. said that while visiting neighbours, a helicopter flew’ just below the houses and shots were fired. Witness travelled down Adair Road, on one side of which was unoccupied Crown land and on the other the Rimu farm settlement. He had been asked by the farm manager to “keep an eye” on the property while he was on leave. He saw the helicopter hovering over the occupied land, pick up two deer carcases and carry them to a paddock on the farm settlement. The helicopter then brought another deer over and landed. I Witness said he told the pilot and the shooter, Cyril Desmond Win, that they i were not allowed there. Witness sat on the deer carcases and refused to allow them to lift them.

Smith, the pilot, “threatened to kick my guts in,” said witness.

Smith then went to the helicopter and hovered over witness. A deer carcase slung under the aircraft almost hit him and he had to crouch down. One of the skids rested on his leg and he was unable to move.

[ Smith’s companion, Win, then left the helicopter and [went to add the other two deer carcases to the sling. The police arrived before the helicopter was able to lift off.

To Mr Marks, witness said

.that he did not have a “well established dislike for people I who shot from helicopters.” Smith had not had any ■permission from the farm [manager to be on the farm and the police were called [because he considered it to be trespass. Asked why he ■ had sat on the deer carcases, (witness said that he conisidered it a means of hold-

ing Smith and his companion.

Constable P. North said that when he arrived at the ■ scene, the helicopter took off land he saw Mr Surgenor at [the roadside. He appeared to Ibe excited, w'et, and splattered with blood and mud. | Mr Surgenor said that he had (been assaulted. | To Mr Marks, witness said i that he smelt alcohol on Mr Surgenor’s breath at the [police station. He was not. slurring his speech but was excited. At the police station, between the two parties it was “an explosive situation.” Smith and his companion had asked witness to give Mr Surgenor a breath test but he had to tell them that he had no such power. Arnold Victor Fausch, an investigating officer in the Civil Aviation Division of the

Ministry of Transport, said that Smith had said he had permission from the farm manager to use the farm when no stock was there.

After he had picked up the one deer carcase, he went back to get the other two. However, Win told him that

Mr Surgenor would not let I him lift the other deer. Be--[fore this, he had been) [hovering, not knowing what; I was going on below, although! , he had seen a scuffle. . | Smith had denied swinging) [the solitary deer carcase at [Mr Surgenor or resting one 'of the skids on Mr Surgen-' ,or’s leg. [ Smith, in evidence, said [that he dropped off a deeri I carcase he and Win had re-1 covered from the Styx River I area in the State farm and [returned to get the two deer; [which had been shot in the [unoccupied land. These were! dropped and he returned with Win. I They saw Mr Surgenor sit-1

ting on the deer carcases. ■ Win alighted from the helicopter and began rolling up the chain, while Mr Surgenor followed "giving him a hard time.” He hovered over the deer carcases and thought that the three had been ■loaded. Win got into the heli- | copter and soon noticed (there was only one deer car(case attached. [ They returned, alighted, [and pulled the remaining two ’deer carcases from under Mrj (Surgenor, who fell backwards and would have got wet and splattered with blood. There was not enough room; between the body of the heli[copter and the skid for him to have possibly put a skid [on Mr Surgenor’s leg. At this stage, Smith collapsed in the witness:-box and , an adjournment was called until he recovered. When he resumed, he said 1 that the weight of the helicopter alone would have crushed Mr Surgenor’s leg if ‘ such had been the case. Cyril Desmond Win said that at no stage had they flown over Mr Surgenor and . he was nowhere near the . machine when it took off. i Mr Surgenor was never I under the machine alone but was beside witness, “and 1 was standing up.” The Magistrate said that : the facts were difficult to : establish because of a con-j . flict of evidence. While he was left with [ “grave suspicion” about what i [had occurred, he was left i with a slight doubt as to :[whether Mr Surgenor was II pinned or held and whether [the pilot caused any unnecessary danger. : I The charge was dismissed. ■ Smith pleaded guilty to • 'recovering a deer outside the [provisions of the regulations, 11 dropping deer in contraven-1 ■ tion of them, and landing at • an unauthorised site. He was! ■ convicted and fined a total of I $25. ■j Win had earlier pleaded: J guilty to a charge of recover-1 ding a deer other than in i accordance with the regula[tions, and was convicted and ■ [fined $25. i