Case claims crash caused by ‘systemic failures’
WELLINGTON: Recordings of the moment a classic plane crashed at Warbirds over Wanaka have been played in court as the pilot tries to recover costs.
Arthur Dovey escaped unharmed, but a wing on his World War2 Yak3 aircraft was destroyed, after hitting two cherry pickers when landing on grass in 2018.
In the High Court at Wellington yesterday, footage of spectators watching the crash was played.
The commentators first explained that Mr Dovey was making a smooth landing, but seconds later gasps from the crowd could be heard, along with a series of bangs, as the plane crashed into the cherry pickers.
One spectator then said ‘‘what the hell’’.
Mr Dovey’s lawyer, Chris Chapman, said in his opening submission the pilot was not at fault.
‘‘This is an accident caused by systemic failures — and not by pilot error.’’
He then quoted a Civil Aviation
Authority report on the case.
‘‘A textbook example of an organisational accident,’’ he said.
Mr Chapman talked about a series of communication mishaps, including that Mr Dovey had radio communicated he was planning to land on the grass.
He told the court yesterday afternoon that some people had thought the cherry pickers had been removed, while others knew they were still in place.
A startofday briefing had talked about conditions on the grass, and it was mentioned that planes could land on one part, Mr Chapman said.
He said there was serious negligence and the people behind the scenes were to blame, not Arthur Dovey.
‘‘The problem with this is that an air traffic service, if objectively that is what it is, being delivered by untrained, unregulated, unaudited but wellmeaning amateurs. This accident is a result of that,’’ he said.
The repair bill for the destroyed wing was in the hundreds of thousands of dollars, and Mr Dovey wanted to recover those costs from show organisers.
Mr Dovey took the stand late yesterday afternoon, and was going through his long aviation career and experience with aircraft.
He told the court the grass was available for landing.
‘‘Common practice for war or tailwheeled aircraft at those air shows — and at Warbirds over Wanaka 2018 — was for them to take off on seal and land on the grass.’’
He said the grass was much better for aircraft, such as his Yak3, because he was taught that in his training, as well as less wearandtear on the tyres.
He said he had landed at Wanaka about 950 times —500 on the tarmac, 450 on the grass.
He is expected to continue today. The case is set down for 10 days. — RNZ