The courts Pilot discharged

Press, 13 May 1981, Page 5

The courts Pilot discharged

Pilot discharged A helicopter pilot facing two charges in the High Court of flying his machine when it bore false registration letters during deer-hunting operations in the Puketeraki Ranges, North Canterbury, on January 6 and February 27, last year, was discharged by Mr Justice Cook yesterday afternoon before the completion of the defence case. The jury was thus not required to give a verdict in the trial of the pilot, William Hanmer Atkinson, aged 25. He had denied the charges. Mr G. K. Panckhurst appeared for the Crown and Messrs B. McClelland, Q.C., and P. H. B. Hall for Atkinson. The trial began on Monday and the Crown’s case was completed soon after the resumption yesterday. Atkinson then gave evidence which was completed at the luncheon adjournment. After the resumption his Honour told the jury that he had given the case considerable attention during the adjournment and he considered it was the proper course to direct that the trial should not proceed further.

He discharged Atkinson on the two counts, and also discharged jurors from duty. Mr McClelland applied for costs against the Crown, and his Honour said this would be considered “in due course.” Crown allegations were that Atkinson had used false registration numbers when using his machine on deer recovery in an area in which he did not have permission to operate. Opening his case Mr McClelland said that the defence submitted that there was no evidence of any device of any type being placed on Atkinson’s helicopter. Evidence would be given by Atkinson that he had never flown the machine with the letters. HKW displayed, and that the registration letters of HLW had never been changed on the helicopter, Mr McClelland said. In evidence Atkinson said the registration letters of his machine had not been changed in any way during the time he had operated it. He said in relation to the first incident on January 6 that he was turning when the other helicpter, flown by Anthony James Carmody, came

straight at him. He immediately turned more steeply and climbed away. He did not want to be recognised as he realised that he had strayed too far south of the ranges. He said in relation to the second incident that he had landed after capturing a deer, when Mr Carmody’s helicopter arrived. His shooter approached on foot and talked to Atkinson for about five minutes and then left. Nothing was mentioned about his machine’s registration letters, or of his being out of his territory. He said he was not strictly entitled to be in the area. It was a forestry block which most operators worked. He assumed he was in the forestry block and not private land. There was no visible boundary. The country changed considerably where he was and he just used that as the natural boundary. It was not an area that he had seen grazed by stock. He was riot aware he was 400 m inside the Mt Whitnow property. In cross-examination he said it was not feasible that anybody could have changed the registration on his machine, and for him to have flown it without noticing the change.