Gary Gray (Brand, Australian Labor Party, Shadow Minister for Resources) Share this | Hansard source

Following those two very good maiden speeches by the member for Barton and the member for Petrie, let me wish them all the best from this chamber in their parliamentary careers. You can tell from what they have had to say how well thought through their arguments are likely to be in coming debates in this chamber.

We enter this chamber with massive campaign efforts provided to us by our campaign teams and our families. In this address in reply, it would be remiss of me not to mention my own campaign team and my family—my wife, Deborah, and my three sons, Riley, Darcy and Toby—for the great effort that they have put in to support me in my career. Let me also mention my Liberal opponent, Donna Gordin, who campaigned tirelessly for six years for the opportunity to represent the people of Brand. Donna is a hardworking local candidate. She worked very hard and she fought very fairly. I felt very sincerely that Donna's campaign efforts were well-intended and well-meant and I thank her for that.

I rise to speak for a local family, the Morton family, whose great strength and humanity amid the shattering loss of a daughter has resulted in safer skies for Australians travelling in aircraft around the world—safer because of the work done by the ATSB and DFAT consular services to serve better and more quickly Australians abroad who are involved in air crashes. I detailed these significant measures in a speech that I made in February in this place with the Hon. Judi Moylan. I again raise matters following the crash in Zambia of the Cessna airplane known as ZS-KOX, in which six people died. I acknowledge also in the chamber Mr Don Randall, the member for Canning, who also takes a personal interest in this matter, and I thank him for that.

Justine Watters, her husband, Matt, and Matt's mother, Shirley, were three of the people who died in the crash of ZS-KOX on 9 September 2004. Others who died were Justine's friends from England, Justin and Rebecca Ward, and the Canadian pilot, Mike Channer. Shirley was 58, and the four friends were aged 26, and the pilot was 24. ZS-KOX was a South African registered and maintained Cessna aircraft operating temporarily in Zambia. It was owned by Mr Keith Downing and maintained by authorised maintenance organisation Nelair Engineering.

Let me remind the House of the events of 9 September 2004 in the skies over the beautiful Victoria Falls. Justine and Matt were on a two-week holiday in Zambia and had flown from Mfuwe in eastern Zambia to Livingstone to view Victoria Falls. Shortly after the return flight began, the propeller fell off at 8,000 feet, and six minutes later the plane crashed, killing all on board. I have been informed that this is the first time in South African aviation history a propeller has come off in this way.

While suitable landing sites were available, the pilot, Mike Channer, heroically struggled with reduced visibility due to engine oil on the windscreen, which probably affected his ability to find a suitable landing area, resulting in the aircraft impacting trees at the eastern end of an uncultivated field. In effect, Mr Channer tried to land a plane with six people on board with no power, no balance and no visibility. The crash was deemed by investigators not to be survivable due to the magnitude of the deceleration and the post-impact fire.

I first spoke in this place on this matter in February this year and I acknowledge now, as then, the tireless work by officers of the Department of Foreign Affairs and Trade and by the Hon Judi Moylan MP. I also acknowledge the efforts of authorities in South Africa, but I urge: let's not stop. Let's carry this work through to a proper conclusion.

Since February, there have been further developments in these matters, about which I will now update the House. A joint demarche was presented to the South African Civil Aviation Authority, signed by the High Commissions of Australia, Canada and Britain. The demarche, dated 8 February 2013, among other matters sought assurance for the three governments that the South African Civil Aviation Authority had handed relevant evidence over to the South African National Prosecuting Authority. The demarche also sought to clarify the relationship between Nelair—the aircraft maintenance organisation at the centre of the allegations—and Raylen Turbine Services, which is said to be a phoenix company in the air maintenance business in South Africa.

This is an important matter. This matter goes to justice and this matter goes to air safety. If a new or phoenix company has arisen from the crash of ZS-KOX to again trade in aircraft maintenance then there are matters of safety and justice that need to be answered. Assurances were sought that the principals of the air maintenance organisation responsible for the maintenance of ZS-KOX would not be permitted to operate in a new air maintenance company until proper investigation and resolution of matters relating to the ZS-KOX crash.

The Zambian Department of Civil Aviation, with assistance from the Australian Air Transport Safety Bureau and the American National Transportation Safety Board, conducted an investigation into the reasons for the crash. I would like to bring to the attention of the House areas of concern as a result of the Zambian Department of Civil Aviation's report. I will quote from the conclusion of the Zambian Department of Civil Aviation report at 3.2(a) causes:

The investigating team determines that the cause of this accident was the in-flight detachment of the propeller from the aircraft as a result of loss of preload of the propeller assembly attachment studs.

At (b) 'Probable contributing factors,' it says:

(i) Improper torque of the propeller studs;

(ii) Failure to wire lock the studs allowed the studs to back out of the propeller hub assembly resulting in the separation of the propeller from the aircraft;

(iii) Failure to follow correct propeller installation procedures; and

(iv) Failure to use identifiable manufacturers' approved parts.

Soon after the accident Mr Pine Pienaar, Chief Executive Officer of Nelair Engineering—the air maintenance organisation servicing the plane in South Africa—confirmed in writing that the Propeller of ZS-KOX was removed by Nelair, 130 operating hours before the crash, and inspected 30 operating hours before the crash. The investigation report clearly cites the cause of the accident as in-flight prop separation due to improper maintenance. Maintenance was only allowed to be carried out on the plane in South Africa, which was the state of registration of ZS-KOX. The South African Civil Aviation Authority approved aircraft maintenance organisation Nelair Engineering carried out the last three mandatory periodic inspections—MPIs—which included the removal and refitting of the prop in January 2004.

The final mandatory periodic inspection and other maintenance were carried out by Nelair only 19 days before the accident. Despite Nelair's claim that the propeller and mountings were examined as part of the inspection and found to be fully serviceable, the forensic analysis clearly showed that the propeller studs were improperly installed and the nuts inadequately torqued.

It is the case that Shirley, Matt and Justine Wafters, Justin and Rebecca Ward, along with pilot Mike Channer lost their lives as the result of poor maintenance and inferior parts. I am informed that in 2006, the late Dr Ian Phillips of the South African Department of Transport, assisted the South African Civil Aviation Authority in looking into the crash. Dr Phillips informed the Department of Foreign Affairs and Trade that the South African Civil Aviation Authority had audited Nelair and, as a result, revoked their aircraft maintenance organisation licence. Five other planes were also grounded at that time. Dr Phillips stated that the cancellation was permanent, and that the Department of Transport would vigorously resist any efforts by Nelair to obtain their aircraft maintenance organisation licence again. Dr Phillips has, unfortunately, since died.

Internationally Civil Aviation Authorities are bound by annex 13 to the Convention on International Civil Aviation, which serves to prohibit them from prosecuting offenders for negligence. They must refer the matter to the relevant judicial authority. Some time ago, Mr Levers Mabaso of the South African Department of Transport, referred the crash of ZS-KOX to the South African National Prosecution Authority—the NPA—for review. The National Prosecution Authority then referred the matter to the police for an investigation. Advocate Brendenkamp of the Pretoria Office, National Prosecution Authority, had oversight of the investigation. The matter had been with The National Prosecution Authority since 19 April 2009. Despite tireless efforts by the Australian Department of Foreign Affairs and Trade in Pretoria and the South African National Prosecution Authority, full documentation has not been obtained from the South African Civil Aviation Authority, which claim the key precrash maintenance file is lost.

A board of inquiry was cancelled with no clear reason given. Last year, parts analysed by the American National Transportation Safety Board, and held in a restricted storage area by the Zambian Department of Civil Aviation went missing. A letter written by the South African National Prosecution Authority, dated 13 September 2012, highlighted their frustrating search for the truth. It said:

The time delay and failure of the relevant Civil Aviation Authorities to notify the South African Police Services, within a reasonable period of time, that a criminal investigation is called for, has resulted in crucial evidence being lost and unaccounted for. In this regard one of the files of the South African Civil Aviation Authority, in regards to the aircraft ZS-KOX, been lost and is still unaccounted for. Furthermore, the aircraft components that failed were shipped from Zambia via South Africa to the United States of America where they were forensically examined. After the examination they were shipped by the National Transport Safety Board, Washington DC, to the Department of Civil Aviation, Zambia. The Department of Civil Aviation returned the components to the National Transport Safety Bureau for reasons that are unknown to the National Transport Safety Bureau. The National Transport Safety Bureau then shipped the components back to the Department of Civil Aviation, Zambia.

The Director of Civil Aviation, Zambia, informed us that the components are missing and cannot be traced. Officials from the High Commissions of both Australia and the United Kingdom recently visited and met with the Director of Civil Aviation, Zambia. Upon their return they informed us that the components are still missing but that the Director of Civil Aviation undertook to conduct a renewed search for the missing components. The Director of Civil Aviation has now informed us that the renewed search was unsuccessful and that the components cannot be traced.

Key documents have gone missing from the South African Civil Aviation Authority and the analysed aircraft parts have gone missing from a secure facility with the Zambian Department of Civil Aviation. Early on, the National Prosecution Authority identified that possibly culpable homicide had been committed.

We have been advised that because the key precrash technical file has gone missing from the Civil Aviation Authority office and key evidence has gone missing from the Zambian Department of Civil Aviation secure premises, a criminal prosecution is now unlikely. And so, nearly a decade after the crash, we are left with (1) a phoenix-style rebirth and name change so that Nelair is effectively back in the aircraft maintenance organisation business; and (2) a case for the South African Civil Aviation Authority to answer.

How do we know that Nelair is effectively reborn? Mr Simon Segwabe, Acting Senior Manager (Airworthiness) at the South African Civil Aviation Authority wrote to his management, who included Mr Zakhele Thwala, Mr Subash Devekaran, Ms Monica Sonjani and Ms Cathy Teague, on the 12 September 2012. In part, he wrote:

Based on her findings it can be concluded that there is a fine line between Nelair Engineering and Raylen.

Facts:

1. Raylen = Nelair reading the word Raylen backwards basically reads Nelair:

2. The Staff/principals in both companies are basically the same

3. Facilities used and shared responsibilities are within the same team or ownership.

4. There is enough evidence to conclude that the organisation is indeed related or operating under new name.

He continued:

Whilst South African Civil Aviation Authority was busy with the safety audit/inspect at the Older Nelair, an organisation was certified by South African Civil Aviation Authority at Lanseria airport by the name Raylen. This organisation had appointed Mr. Willie Snyman whom is the son-in-law of Mr Pine Pienaar.

This is Nelair with another different name.

He concluded:

… this matter should be referred to criminal law enforcement agency .... Detailed information on the latest regarding this matter can and should be referred to the Hawks: Signed Simon Segwabe Acting Senior Manager- Airworthiness.

The 'Hawks' Mr Segwabe refers to are the police's Directorate for Priority Crime Investigation. This unit is known as the Hawks. The South African government should investigate the conduct of the South African Civil Aviation Authority. In February I, along with Judi Moylan MP, tabled documents in regard to these matters.

I seek leave to table further correspondence and documents that have recently come to light and to bring the record up to date. They are various documents relating to the period 2004-09: the National Prosecution Service correspondence, correspondence and memos relating to certain dates and time, the actual demarches from Australian and Canadian authorities and the latest letter from Mr Sam Morton to Minister Bishop.

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