I have to agree with a lot of your comments Terry, but the law will not
differentiate from or favour 'the volunteer sector' or any other.
"Nemo iudex in causa sua" The rule is very strictly applied to any appearance
of a possible bias, even if there is actually none: "Justice must not only be
done, but must be seen to be done".
And, yes Gary, "There is little else that needs saying" or can be said on the
issue, than that.
----- Original Message -----
From: Terry Neumann
To: Discussion of issues relating to Soaring in Australia.
Sent: Friday, April 27, 2012 6:27 PM
Subject: Re: [Aus-soaring] GFA Site/accident
I have had concerns with the GFA being involved in investigations, it
being both a regulator/standard setter and a quasi fraternal association.
Conflict of interest? Position to protect? That is why I asked.
For myself I would hope that the tenor of any involvement by the GFA
would be covered by the media euphemism ".........police are being assisted in
their enquiries" and no higher.
The reason the ATSB investigates aviation accidents is that it was felt
that CASA or its predecessor couldn't impartially investigate as their own
procedures and rules may have been a factor..
For this reason GFA shouldn't be investigating or "helping police with
their enquiries".
Now about that missing trace - *who* exactly tried retrieving it?
See the problem?
With the greatest of respect I do not share these concerns - at least in the
volunteer sector. Your experiences may be different of course, and I respect
that. Yes, one might suggest that there could be a conflict of interest in
any club or GFA report or investigation of an accident, but either possibility
rests very uncomfortably with my experience of gliding over nearly 46 years,
and my perceptions regarding of the integrity of people who find their way to
positions of experience and trust which could involve them dealing with the
factual investigation and reporting of tragedies involving injury or death of
their friends and fellow enthusiasts.
Having been a GFA animal in an earlier lifetime, and in a role which intruded
into this area, I saw nothing at any time which suggested that 'conflict of
interest' was ever a consideration or factor in the analysis and discussion of
those mishaps which sadly, we sometimes had to deal with. I have no reason to
believe that it would be otherwise today.
For mine, I would far sooner have people who know and understand gliding in
particular and aviation in general investigating and reporting upon an
accident, than have to wait for a police report which will almost certainly
never be published, or a coroner's inquest some years later conducted by people
for whom this may have been their first contact with the sport. Some of us
already know from past experience the problems that this can cause.
Finally I must say that I appreciate how difficult it is for Gary and others
in his club in this situation. It is the most dreadful experience to suddenly
be confronted with the reality that the sport we love so much and derive so
much pleasure from can also dump us in the unthinkable tragedy we are now
working through. Thank you Gary for what you have shared so far. I'm sure
that everyone has enormous sympathy and empathy with you and your club members.
A tragedy like this touches and moves us all.
regards,
Terry N
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