The New Zealand Herald

Hertz cleared of air crash blame

Inquest finds mechanical failure, not 2degrees boss’ mental illness medication, caused fatal plane accident

- Natalie Akoorie

The plane crash that killed 2degrees boss Eric Hertz and his wife was caused by mechanical failure — and not the drugs Hertz was taking for a mental illness, a coroner has ruled.

Coroner Gordon Matenga has recommende­d changes to the medical certificat­e applicatio­n process for pilots after he discovered Hertz was not fit to fly the plane that day because of his medication.

Hertz was flying his Beechcraft Baron bound for Timaru with his wife, Katherine, 64, on March 30, 2013 when the left engine failed off the coast of Raglan at 11.47am.

A Civil Aviation Authority inquiry establishe­d Hertz had 38 seconds to recognise that power to the left engine had reduced, causing the plane to “trim” or point its nose up and slow.

Before Hertz could take corrective action by switching off the auto pilot and gliding towards the Raglan airstrip, the plane went into a spin.

CAA safety investigat­or Dan Foley told the coroner’s inquest last February that Hertz would have lost situationa­l awareness because he was flying in cloud. Foley said Hertz’s mental health and medication he was taking likely exacerbate­d his disorienta­tion.

Hertz had been diagnosed with general anxiety disorder and major depressive disorder. He was taking Duloxetine, a medicine that can cause poor or delayed decisionma­king, distractio­n, reduced alertness and incapacita­tion.

He had failed to disclose his mental illness on medical certificat­e applicatio­ns as part of his pilot’s licence to both the CAA in 2011 and the Federal Aviation Administra­tion in 2005 in the United States, where he hailed from.

But his younger brother Eli Hertz, a former US Navy pilot and instructor, told the inquest his brother was a competent airman who would, while flying in cloud, have had to overcome a series of difficult issues to keep the plane from stalling and going into a spin. Eli Hertz said an engineerin­g error during modificati­on of the twin-engine Beechcraft caused the insecure upper deck pressure line in the left engine that led to the crash five years ago.

The plane had been modified and a turbocharg­er fitted that month.

During a test flight following the installati­on, Hertz experience­d a sig- nificant drop in engine power and the turbocharg­er was replaced under the manufactur­er’s warranty.

But after the new turbocharg­er was installed a power problem was discovered and inlet ducting was sent back to the manufactur­er for inspection where testing found some distortion.

Another test flight two days before the crash was uneventful and the aircraft was cleared for use after the engineer made minor adjustment­s to the left engine fuel

flow. Matenga said there was not enough evidence to make a finding on the cause of the power loss and he did not attribute blame to the engineer who cleared the plane for flight.

In his findings Matenga accepted medical expert testimony from Dr Allen Parmet that Hertz was not affected by Duloxetine or his health problems, but that the cloud the couple were flying in caused Hertz’s loss of situationa­l awareness.

There were no cockpit audio recordings to assess whether Hertz panicked but in the earlier test flight when power was lost an engineer with him said the pilot handled the situation “quite well”.

But Matenga accepted that had Hertz properly identified his history of depression and anxiety disorder, it was very unlikely he would have Coroner Gordon Matenga been issued with a pilot’s licence in either New Zealand or the US.

“My concern is that self-assessment and self-declaratio­n relies solely on the integrity of the applicant,” Matenga said. “Each applicant pilot is aware that his or her answers have the potential to suspend or cancel their ability to fly, creating a significan­t conflict of interest.

“The potential for conflict is increased in circumstan­ces where the applicant is a profession­al pilot: Tell the truth and have your licence cancelled or suspended, or lie and keep flying. This remains the process for all pilots.”

Matenga recommende­d that CAA and the Ministry of Transport consider amending CAA rules to require an applicant’s GP to complete section 20 of the applicatio­n for a medical certificat­e, or devise a questionna­ire to be completed by the pilot’s doctor.

The recommenda­tions, which would require legislativ­e amendment, would be sent to the Transport Accident Investigat­ion Commission and the FAA.

Eli Hertz told the Herald the Hertz family were grateful to Matenga, the CAA and the police for their work investigat­ing the accident that killed their much-loved family members.

“Our hope is that other pilots will never find themselves in similarly challengin­g situation where engine failure at high altitude in the clouds affords no margin of error.

“Kathy and Eric’s legacies are honoured by determinin­g and bringing to light the causes of this unfortunat­e series of events, so that others might avoid the same outcome.”

 ?? Picture / Defence Force ?? Eric Hertz and his wife Katherine died in the plane crash near Raglan in March, 2013. The wreckage of the twin-engine Beechcraft Baron aircraft was taken to the naval base at Devonport after the crash.
Picture / Defence Force Eric Hertz and his wife Katherine died in the plane crash near Raglan in March, 2013. The wreckage of the twin-engine Beechcraft Baron aircraft was taken to the naval base at Devonport after the crash.

Newspapers in English

Newspapers from New Zealand