AIR FORCE COURTMARTIAL

Wanganui Chronicle, Volume 85, Issue 32, 7 February 1941, Page 5

AIR FORCE COURTMARTIAL

DEATH OF MAN AT NEW PLYMOUTH SERIOUS CHARGES AGAINST AN INSTRUCTOR I Per frees Association. J NEW PLYMOUTH, Feb. 6. An Air Force court-martial, sitting at the New Plymouth Training School, reserved its decision on serious charges preferred against FlyingOfficer R. Parker, arising from the death on December 6 of Leading Aircraftman M. S. Best, who apparently was struck by the undercarriage of a descending plane near the east boundary of the landing ground. Parker, as instructor to a pupil in the plane, was charged with neglect in hying, causing loss of life, or, alternatively, an act of flying causing loss of lite, and also with causing damage to aircraft. For the prosecution Flying-Officer Jackson explained that the accused could be guilty of one, but not both, of the alternative charges. He suggested that the evidence tended to guilt on the first count, the third charge automatically following. A test of negligence was what a reasonably skilled pilot would have done under the circumstances of the landing. He said that it was established that the plane was handed over by the pupil to Parker for landing and came down too low from a side slip. Witness said they could see only the upper wing at a certain spot. It was obvious that 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 of a left-hand side slip coming in, said that Parker admitted that the plane was too low and thought it did not touch the ground, but might have hit something. 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. A trainee with Best did not see the accident or notice the plane touch, because he lay flat on the ground. The defence suggested that the evidence was vague and stressed two points, that no person on a busy aerodtome saw or heard the plane strike the ground. Neither did the pilot, pupil or Best's companion see it strike. An engineer officer and Fly-ing-Officer Tilson produced a plan ot the locality with marks, but neither were prepared to state that the marks were made by the plane. The significance of the marks was queried by the defence, contending that the direction the plane was travelling would make them impossible. It was suggested that Best and his companion sat by high fern out of sight from the air because they left the rifle range at 9.30 a.m. and the accident happened at 11.15 a.m., the distance travelled being only 600 yards. Several pilots flying and others landing and taking off all stated that they kept an efficient look out, but not one saw a person or persons near the eastern boundary. There was evidence of a distinct down draught that morning. The eastern boundary was not clearly defined. The defence submitted it was unfair and dangerous to hold that Parker was guilty of negligence or directly responsible for the fatality.