Had Challenged The Action After An Accident Two Years Ago

The Irish Parachute Club's chief instructor has won a challenge against the Irish Aviation Authority which had suspended him after an accident two years ago.

Paul McMahon was told by Mr. Justice Gerard Hogan that the suspension had become invalid, and was no longer in force.

The action was brought after a wing-suit skydiver flew into ice clouds he said injured his face and obscured his instruments. He suffered a broken ankle and torn ligaments in the incident. He had registered the complaint saying he had not been warned about deteriorating weather, and for having been left injured in a marsh for almost an hour.

The judge determined that the wing-suit jumpers had been advised of the weather conditions by McMahon, and they chose to jump anyway. But his primary objection seemed to be the length of the suspension. Judge Hogan said if it had been days, or weeks, there would not have been any objection that "fair procedures" had been not been followed. But the suspension went on more than a year.

Justice Hogan said the long suspension had affected McMahons "constitutional right to a good name," according to a report in the UK newspaper The Independent. “The Authority is entitled to act in a summary fashion in order to protect public safety as happened in this case,” the judge said.  “But if it so acts then it is obliged to ensure there was a fuller hearing which complied with the requirements of fair procedures within a short space of time.”

McMahon is now seeking to block publication of a report by the Irish Aviation Authority he says contains material that could be personally damaging to him.

FMI: www.iaa.ie, www.skydive.ie