Pilot Convictions of Criminal Negligence Overturned
By: Kevin Rollason
Winnipeg Free Press
18/12/2009 1:00 AM
The family of an elderly man who died from injuries suffered in a plane crash is upset that the pilot's convictions for killing him and injuring four others have been overturned by the province's highest court.
In a unanimous decision released on Thursday, the Manitoba Court of Appeal ruled pilot Mark Tayfel should not have been convicted of criminal negligence causing death and four counts of criminal negligence causing bodily harm after his 2007 trial.
However, the appeal court upheld Tayfel's conviction of dangerous operation of an aircraft.
Sheila Floodman, daughter of Chester Jones, 79, who died three months after the crash, said she is concerned about the message the court's decision sends to other pilots.
"The one thing that came out of this horrible incident that marred our family forever was that pilots wouldn't use discretion, but follow the regulations and err on the side of safety," Floodman said in a telephone interview from Kansas.
"This sends the opposite message."
Floodman said she can't understand why it isn't deemed criminal negligence for a pilot to take off without enough fuel for the weather conditions.
"When you're in an airplane and run out of fuel, it's not like you're driving a car and can get out and get gas.
"I don't think American consumers have an understanding that when they fly on these things to a fishing lodge, that it's a roll of the dice."
Tayfel was flying six American fishers back to Winnipeg in June 2002 from Budd's Gunisao Lake Lodge in northern Manitoba when his twin engines suddenly cut out and he crashed during the morning rush hour on Logan Avenue at McPhillips Street.
Tayfel's defence lawyer Balfour Der called the ruling a "mixed blessing." While Tayfel is pleased by his acquittal on several convictions, Der said he's disappointed the judge did not overturn the conviction of dangerous operation of an aircraft.
Der said they now have 60 days to decide whether Tayfel will appeal the remaining criminal conviction to the Supreme Court.
"It hasn't been ruled out, let's put it that way," Der said late Thursday.
The Transportation Safety Board of Canada ruled mistakes by Tayfel and Keystone Air led to the crash. The pilot was fined by Transport Canada and had his licence lifted for 45 days, and Keystone was fined $13,750 and grounded for a week.
A lawsuit was later filed by the family against the airline, fishing lodge and Transport Canada. It was settled out of court.
When Winnipeg police laid the criminal charges against Tayfel in Oct. 2004, they said it was the first time a pilot in Winnipeg had faced criminal charges in connection with flying a plane.
The appeal court has asked Crown and defence lawyers to schedule a hearing to look at Tayfel's sentencing appeal. After being convicted in 2007, Tayfel received a two-year conditional sentence, with 240 hours of community service and a daily curfew.
