Former commercial hang-gliding pilot John Roderick Smith, of Dunedin, was convicted and fined a total of $4750 by Judge John Strettel in the Queenstown District Court yesterday.
Smith (39) denied the four charges brought against him by the Civil Aviation Authority (CAA) for operating a hang-glider without holding the appropriate aviation document, namely a hang-glider pilot certificate, on December 9, 2005; on or about December 20, 2005; on or about January 9, 2006; and on October 22, 2006.
Following a two-day defended hearing, Judge Strettel found all four charges had been proven beyond reasonable doubt.
Judge Strettel said Smith had shown no evidence of holding any other type of licence that would allow him to fly a hang-glider, following the revocation of his hang-glider pilot's licence in September 2005.
"I consider Mr Smith failed to give positive evidence [of holding any other type of licence] in circumstances where he could easily have put it before the court had he had such authority.
"Given the evidence of the informant . . . [it] enables me to draw the adverse inference that in fact no other certificate existed as a matter of fact, as well as a matter of law."
Before his sentencing, defence counsel Sonia Vidal said Smith had held hang-gliding ratings since 1993 and was a well-respected member of the hang-gliding community.
Smith held the number one ranking for "speed-gliding" for almost a two-year period around 2003 and 2004.
"His hang-gliding and para-gliding business was his means of livelihood and the way on which he has supported himself.
"The conviction will obviously affect the obtaining of any further certificate to be able to fly."
CAA counsel Phil Shamy said it was "quite clear" Smith was passionate about the sport, but his offending was serious - particularly the last incident, when he knew he was already facing three criminal charges.
Judge Strettel told Smith the issue before the court was not his ability, passion or standing in the hang-gliding community, "but the simple fact that you didn't hold a licence to fly".
"Having flown without such a licence, it's apparent that you disregarded a primary objective in respect to this sport.
"One can sympathise in some ways with the fact that all of a sudden both your ability to earn and your passion was curtailed by the revocation of your licence, but that was the case.
"There must be a clear message [sent] to you and to others that it is a sport that is controlled by licences and where people do not comply with the licence requirements, the court must impose appropriate penalties."
Smith was fined $500 for the December 9, 2005, incident,; $750 for the December 20, 2005, incident; $1000 for the January 9, 2006, incident; and $2500 for the October 22, 2006, incident.
He was also ordered to pay $520 court costs ($130 on each charge) and $540 in solicitors fees.
