Hang-glider pilot fined for flying after licence revoked

A former Queenstown commercial hang-glider pilot was yesterday fined $4750 in the Queenstown District Court for flying without a licence.

Judge John Strettel convicted former Extreme Air Ltd owner John Roderick Smith, 39, on four charges brought under the Civil Aviation Act.

Smith had denied the charges, with his defence lawyer Sonia Vidal telling Judge Strettel that Smith retained a right to flight, even after his pilot certificate was revoked.

The pilot certificate had been revoked by Civil Aviation Authority director John Jones in September 2005 after Smith "dive-bombed" other hang-gliders.

Two police officers and three other witnesses provided evidence that Smith had flown on four occasions between December 9, 2005, and October 22, 2006.

Judge Strettel said each charge had been proven beyond reasonable doubt, citing the similarities between each witness' description of Smith's flying activity.

He rejected the defence's argument that there was another unspecified document held by Smith permitting him to fly.

The failure of the defence to produce such a licence or certificate led him to infer that no such document existed, he said.

Following the entering of a conviction, Ms Vidal told Judge Strettel her client was an experienced, respected member of the hang-gliding fraternity.

Asking Judge Strettel to impose a fine, Crown prosecutor Phil Shamy said the offence was a serious one.

Judge Strettel said a clear message had to be sent to Smith, and other hang-glider pilots, that it was essential that they hold a licence.

"Mr Smith, the issue before the court is not your ability, your passion, your standing in the community of hang-gliding, but simply the fact you didn't hold a licence to fly.

"That is mandatory and having flown without such a licence it's apparent you've disregarded a primary obligation in respect of the sport."

After the hearing Civil Aviation Authority spokesman Bill Sommer said the verdict and sentence were appropriate, and would send a message to hang-glider pilots.

"We pursued this case because of the importance of the issue of certificates and licences."

Smith did not want to comment on the verdict, his lawyer said.

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