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Guest asmol
Posted
The State Coroner can actually order your arrest and imprisionment for making statements relevent to a forthcoming Coroners enquiry which is a legal court hearing. You can be charged and convicted for Jepodising a trial, amoungst other things......want to go to jail ???......

If you are Joe Blo, a bystander and see a plane crash and make comments there is ABSOLUTELY no way you could get into problems.

 

Not every accident ends in a coroners inquest.

 

A Coroner CANT send you to jail, only the DPP (or state equivalent can) and then you would have to be making comments directly to family members or similar or be in breach of a court order listed with your name and delivered to you personally. As a person from the public or a typer on a web site like this there is not a chance!

 

A coroners inquest is an INQUEST, not a trial, and not a way to go to jail, but i am happy to be corrected if anyone can show me otherwise.

 

There has to be a court order suppressing you talking about anything before any legal action can be taken.

 

I just dont understand the repeated references to going to jail for talking publicly and not a shred of evidence to prove otherwise in a public forum like this (according to Judge Google)

 

and i dont want to take away from the spirit of the conversation here and well wishes to the victim, just saying that we go through this dont say anything over and over again.

 

 

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Posted
Here's the ABC report (with picture) for those of us who are not subscribers to the Advertiser)http://www.abc.net.au/news/2015-06-10/plane-crash-mallee-highway-elwomple/6534412?section=sa

Here is the news.com page it's the same as The Advertiser page but not subscription.

 

Tim thanks for your info, glad you were able to help. A sad time for you all, will pray for your friend & his family.

 

 

Posted
If you are Joe Blo, a bystander and see a plane crash and make comments there is ABSOLUTELY no way you could get into problems.Not every accident ends in a coroners inquest.

 

A Coroner CANT send you to jail, only the DPP (or state equivalent can) and then you would have to be making comments directly to family members or similar or be in breach of a court order listed with your name and delivered to you personally. As a person from the public or a typer on a web site like this there is not a chance!

 

A coroners inquest is an INQUEST, not a trial, and not a way to go to jail, but i am happy to be corrected if anyone can show me otherwise.

 

There has to be a court order suppressing you talking about anything before any legal action can be taken.

 

I just dont understand the repeated references to going to jail for talking publicly and not a shred of evidence to prove otherwise in a public forum like this (according to Judge Google)

 

and i dont want to take away from the spirit of the conversation here and well wishes to the victim, just saying that we go through this dont say anything over and over again.

Contempt can get you there pretty quick.

 

 

  • Caution 1
Posted

Thanks everyone for your concern :)

 

Firstly I'm fine ! I'm saddling up for a Fly this morning...

 

For those interested in the human element : Dwayne suffered some very horrific and shocking facial injuries and his lower body was crushed. He was listed as stable put in a coma and underwent the first of many surgeries ( plastic surgery).. During theaccedent he stayed conscious and phoned for help. He also left a detailed note to his wife outlining his track to my house and then the rest of our days flying. His wife was able to find him and call for help. I arrived on scene within 15 mins as Dwayne lives close by.....

 

For those interested in the crash.

 

Shortly after take off at around 700 ft HIS BELOVED tiger moth had a total engine failure He attempted to put her down in the first paddock directly ahead but the paddock was freshly worked with lime rock scattering throughout. The plane wheels sank in the loose top soil on impact and struck rocks and the tiger nosed over instantly tearing it apart. .

 

I have to wait for DwAyne to recover before I can inspect the engine ( yes I'm a qualified automotive engineer) incase it turns bad as they may need to look at the plane again. We have the plane at home... Dwayne has vowed to fly again believe it or not :). Stay safe every one. And PLEASE practice your emergency proceeders often :). image.jpg.b911c43256cfe90fada6115400e9a4b7.jpg

 

 

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Posted
Contempt can get you there pretty quick.

My understanding (which is limited) is that for you to be in contempt of Court, you would have to report on something during a trial (ie under judicial review or "sub judice") in a way that could pervert the course of justice. This only comes into effect when a coronial inquest is active, not when it is pending. This is why reporters can interview witnesses at the scene of an accident/crime, but not when a inquest/trial is underway.

 

 

  • Caution 2
Posted

Hi Tim,

 

Sorry to hear about Dwayne's injuries, I wish him all the best for his recovery.

 

 

Guest Maj Millard
Posted

Likewise Tim....my thoughts are with your friend. The small diam wheels on that aircraft wouldn't have helped a lot in that situation I suppose. Bloody hindsight.

 

 

Posted

Yep agree and Dwayne hated them little un scale wheels and planned on replacing when finances permitted

 

 

Posted

Mate of mine is a magistrate. He told over a beer one day that almost no one ever gets charged with contempt of court any more.

 

I forget the details of why but the workload, the cost to the court and community in time and money is apparently so high that judges never actually do it. I vaguely recall him saying that the charge now have so many loopholes and outs and ties up the judge involved usually at personal costs of some type that they will do anything to avoid using the charge.

 

 

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Posted

Tim , how is Dwayne going now , I sure do hope he is starting to recover from his injuries.

 

JimG

 

 

  • Agree 1
Posted
Tim , how is Dwayne going now , I sure do hope he is starting to recover from his injuries.JimG

Dwayne has horrific life changing injuries but they are non life threatening . He will be in hospital for at least a few months . Stay safe peeps :)

 

 

  • Informative 2
Posted

Tim,

 

Dwaynes injuries will heal over time, the fact is that he is still with us is the best part and has an intention to fly again once well enough.

 

Everyone on here is wishing him a speedy recovery.

 

Thanks for keeping us posted .

 

Alf

 

 

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  • 2 weeks later...
Posted

This invention might be helpful, head injuries are way too common in light aircraft - still need some face protection though - maybe the sealtbelt airbag would be better:

 

 

Hope Dwayne is doing OK Tim?

 

 

Posted

You might be onto something there Gnarly Gnu. But a helmet would be better and the above wig provides no protection to the face. A motorcycle airbag jacket which protects the chest and neck combined with a helmet with face shield would possibly be the best.

 

The airbag jackets are generally set off by a g load sensor- a sudden high g load say 10g. Not sure of actual specs- would depend on actual model and use.

 

 

  • Agree 1
Posted
You might be onto something there Gnarly Gnu. But a helmet would be better and the above wig provides no protection to the face. A motorcycle airbag jacket which protects the chest and neck combined with a helmet with face shield would possibly be the best.The airbag jackets are generally set off by a g load sensor- a sudden high g load say 10g. Not sure of actual specs- would depend on actual model and use.

Now you are talking Litespeed. What you say makes total sense. I didn't know such protection was available it would be excellent for crash protection in otherwise flimsy structures such as ultralights and motorcycles where you have virtually no crash protection.

 

 

  • Agree 1
Posted
Cockpit airbags anyone?

I am glad you asked, this is something that has been discussed on the 'Homebuiltairplanes.com" forums. The idea has merits but due to the fact in some cases a crash can involve multiple g loading spikes and the need to maintain control in a bad landing situation to avoid further obstacles- it was not really popular as a idea. Myself I am still open to the idea. The consensus was best practice is a really strong primary cabin structure and a properly designed seat to absorb high G loads being transferred up the spine. But that comes down to safety by design and thus generally only for new designs. A further complication is airbag design and placement is a science in itself and was considered in the too hard/expensive basket.

 

Myself I am not convinced it is a bad idea, and could be done well and greatly improve crash survivability to a point. No impact with cumulus granite head-on at speed is generally survivable. However many a crash might be more survivable with good design and airbag placement.

 

The use of emerging motorbike airbag tech could be the key for existing aircraft and a good helmet with face protection.

 

BMW, Ducati and Dainese are all developing them and have some on the market now. Naturally you would have to wear a bike jacket or similarly equipped jacket- but it will keep you warm and has the bonus of fairly comfortable body armour, which can save broken bones and bruising in crashes as well.

 

I will do some research and get back to you on whats available and cost.

 

As this is related more generally to safety I will post in a new discussion my research

 

Phil

 

 

  • Like 1
Guest Maj Millard
Posted

Cockpit airbags are already in use in some letter Cessna models and in Airtractor agplanes where they are fitted to the shoulder belts.

 

 

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