[Gobbledock]

THE GHOSTS OF LOCKHART RIVER....

It seems the Transair misery and litany of injustices doesn’t get any better with time for the grieving loved ones of the ones who died in the crash. The owners and operators of the plane have launched legal action that could stop the victims' families ever getting answers.

Police picture of the site of the plane crash at Lockhart River, Cape York. The Fairchild Metroliner III was on a May 7, 2005 flight from Bamaga to Lockhart River when it crashed, killing all 15 aboard

Fresh blow to air crash victims' families
by Vanessa Marsh and Vanda Carson
18th Sep 2018 9:15 AM

THE owners and operators of a commercial plane involved in one of Australia's worst air disasters have launched legal action that could stop the victims' families ever getting answers.

Two pilots and 13 passengers were killed in the May 2005 Lockhart River tragedy when an Aerotropics commercial flight crashed into a ridgeline and exploded in flames, killing all on board during a flight from Bamaga.

In the latest roadblock for victims' families, owners of the doomed aircraft have launched an appeal in a bid to block a wrongful-death lawsuit in the US state of Missouri, just weeks after the victims' families won a legal battle to allow the case to go to trial in July next year.

Yeppoon police officer Sally Urquhart was one of 15 people killed in the Lockhart River plane crash in 2005. Qld Police

Brisbane man Shane Urquhart lost his policewoman daughter Sally in the crash and said the long-running legal hurdles were "frustrating" and "ludicrous".

"We're talking about human lives here, ordinary people and they were all good people going about their daily business," he said.

"There's no such thing as closure, there's no closure when you lose someone but there may be justice but that certainly hasn't happened here."

Shane Urquhart Father of Sally Urquhart killed in Lockhart River Plane Crash. PICTURE: GLENN BARNES

The horror crash was the worst air disasters in Queensland in more than four decades and claimed the lives of a leading scientist, a popular policewoman, three key members of a football team, and a 25-year-old mother of six.

The families allege in the Missouri court action that the aircraft had several defects and that the crash was "the direct and proximate result" of one of more of those defects.

The alleged defects include claims the plane did not contain an effective ground proximity warning system, it was not equipped with autopilot and flight instruments were either hard to read, confusing, or not in proper view.

Lawyers for the plane's owners and operators who are being sued by 61 family members of the crash victims, the majority of whom live in Queensland, launched an appeal on September 6 against last months' Brisbane Supreme Court ruling allowing the Missouri case to go ahead.

The appeal argues the Supreme Court ought to rule that the Missouri action is "vexatious and oppressive" and that "nothing relevant" could be gained in the overseas action over and above what could be gained in Australia.

The families are pursuing legal action in Missouri where they claim the aircraft was delivered, inspected and placed into operation.

Remembered: Memorial to the victims of the Lockhart River air crash at Iron Range airport on Cape York.

The 61 family members are expected to fly to Missouri to give evidence or testify via video link.

In Missouri, a jury will determine the amount of damages awarded instead of a judge and there are no orders for costs as there are in Australia.

However it's not yet clear whether the US case will run according to Queensland or Missouri law.

Toowoomba lawyer Pat Nunan has been representing the victims' families for more than a decade and said the delays were difficult.

"It's terrible and it's had a great impact on the families of the victims," he said.

"Litigation is one of the great stressors of all time and it has been horrendous for them."

He said the families were desperate for answers.

"We're trying to get their day in court to determine what actually did go wrong and make sure it doesn't happen again," he said.

"It's like a hot dagger into a wound every time something comes up in these cases."

Brisbane man Shane Urquhart lost his policewoman daughter Sally in the crash and said the long-running legal hurdles were "frustrating" and "ludicrous".

"We're talking about human lives here, ordinary people and they were all good people going about their daily business," he said.

"There's no such thing as closure, there's no closure when you lose someone but there may be justice but that certainly hasn't happened here."

The appeal returns to the Court of Appeal tomorrow.

https://m.dailyexaminer.com.au/news/fres...s/3524225/

Oh well. No doubt CAsA and the FNQ field office will continue to operate unabated and with impunity. Ironic that one of the individuals from the FNQ office rose through CAsA and now serves as Board Chairman with CAsA PNG.

FFS. No further comment