Flight Plan Charge In Nasi Ganja Case Baffles Pilots

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A Bell 505 helicopter landed on Ipoh padang on July 9 to pick up 36 packets of “nasi ganja”.PETALING JAYA: The public prosecutor’s decision to charge a helicopter pilot with not following his flight plan in the “nasi ganja” case has shocked many experienced aviators.
Speaking to FMT, they said it is normal for helicopter pilots to make quick landings in open areas along their flight routes, as long as they have clearance from air traffic control.
Police had said last week that they have been instructed to charge the pilot in the “nasi ganja” case under civil aviation regulations on May 9 for failing to follow the submitted flight plan last July.
If convicted, the suspect faces a penalty of up to three years’ jail, up to RM50,000 fine, or both.
A Bell 505 helicopter landed on Ipoh padang on July 9 to pick up 36 packets of “nasi ganja” which had been ordered from an Ipoh restaurant.
Police had said they were investigating the incident under regulations for the control of infectious diseases, which prohibit travel across borders during the movement control order period.
However, Perak police chief Mior Faridalathrash Wahid had said the helicopter pilot had been granted a police permit in Selangor for travel to Ipoh on a “maintenance round”.
One senior pilot, who has flown helicopters for more than 35 years including 20 years with the air force, said he had made dozens of landings on fields and other open areas while on routine or maintenance flights.
He said maintenance flights are a periodic requirement once the helicopters are grounded for a long time. “Even fixed-wing aircraft do that to check on the functions of all systems,” he said.
Another pilot explained that the charge in the “nasi ganja” case sets a bad precedent as it will curtail the flexibility of flying helicopters.
“As long as pilots inform the ATC and get clearance, they don’t even have to give reasons for their landing. So we are shocked that the Attorney-General’s Chambers has decided to charge the Bell 505 helicopter pilot involved in the incident especially when he had the ATC clearance.”
Another pilot, also a former senior RMAF officer, said the authorities might be acting under duress caused by public pressure as there was much hue and cry in the media over the incident.
“It is clear that the flight had official permission to fly across state borders. So they may have resorted to this action to please the public. The Civil Aviation Authority of Malaysia should know better, as the pilot did nothing illegal.
“His actions did not result in the government losing any revenue nor did he cause any public nuisance, and it was never a threat to security. It may have been morally wrong under the circumstances, but this does not constitute a crime,” he added.
He said the AGC should have consulted the CAAM first to get a clearer picture before deciding to charge the pilot for not following the flight plan.
The pilot, Mohamed Raffe Chekku, who is also the owner of the helicopter, said he was shocked at the charge, as there were records to show his landing was done with the relevant ATC clearances.
“Buying ‘nasi ganja’ was a decision made on the way. What I did was not a crime. In any case, I have faith in our legal system and will leave it to their good judgment”, he said. - FMT

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