Pilot of crashed plane fighting his conviction

Hey there, time traveller!
This article was published 15/04/2009 (6198 days ago), so information in it may no longer be current.

The pilot who crashed his airplane on Logan Avenue seven years ago, killing an elderly passenger, is claiming he was wrongfully convicted of a crime.

Mark Tayfel appeared before the Manitoba Court of Appeal Tuesday, seeking to have his criminal negligence causing death conviction overturned. The Crown is opposed, saying no errors were made during his 2007 trial. The province’s highest court has reserved its decision in one of the first cases of its kind in Canada.

Tayfel was given a two-year conditional sentence for the June 2002 tragedy with conditions including a daily curfew and 240 hours of community service. Following the case, Queen’s Bench Justice Holly Beard lashed out at the airline industry for a "culture" of negligence which allows — or perhaps even forces — pilots to cut corners.

Tayfel and six American fishers were injured when both of the plane’s engines cut out shortly after Tayfel missed his first attempt at landing at Winnipeg International Airport. The plane came to rest on Logan just west of McPhillips Street.

Tayfel had taken off earlier that morning from a northern fishing lodge without enough fuel on board to get to his destination. Everyone survived the crash, but Kansas resident Chester Jones, 79, died a few weeks later from his injuries.

The Crown was seeking a jail term for Tayfel for his reckless risk-taking of not carrying enough fuel and then attempting to land the plane without telling anyone on the ground about his problem until it was too late.

Defence lawyer Balfour Der suggested Tayfel’s employer at the time of the crash, Keystone Air, should have also been held liable and that his client has been made the "whipping boy" for an industry fraught with problems.

"They’re not here in court supporting Mr. Tayfel. They headed for the hills. These young pilots are really being forced into a tough situation," he said.

An aviation expert called by the defence claimed at trial that the real blame for the disaster should rest with Keystone Air. Robert Lemieux said the company "pressured" Tayfel into doing his flight, despite the fact he’d raised concerns with the chief pilot that his Piper Navajo wasn’t equipped with a mandatory autopilot. The device likely would have helped Tayfel make a safe landing in Winnipeg. Instead, he came out of the clouds too high and too fast — with both engines on the verge of cutting out — and missed the runway completely. Tayfel then crashed as he tried to swing around to make another landing attempt.

Tayfel has no prior criminal record, strong family and community support and is unlikely to find work again as a pilot because nobody wants to hire him, court was told. He promised to use the tragic case to mentor to young pilots in training, speaking to them about his deadly mistake.

www.mikeoncrime.com