"WHO DO YOU TRUST"

FOREWARD BY THE CEO OF CPSAS AND SAMOA AIR

In 2014 when the concept of an enduring Memorandum of Understanding with the Australian Department of Defence was on the table for the purpose of providing Civilian Aerial Surveillance over the Pacific Islands the issue of how this was going to be legally managed was the subject of a meeting with a prominent Samoan Lawyer.

The MOU had been prepared and was at that time between IPDIV and Samoa Air.

He made the comment that an MOU, was not Legally enforceable and even a contract was only as good as the level of trust between the two parties.

His exact words were "it's a question of who do you trust".

To which I replied, "well if you can't trust your Government then who can you trust".

Several years later this comment has taken on a new meaning.

 

Chris Langton
CEO and Plaintiff


 

A TIMELINE OF MISLEADING AND DECEPTIVE CONDUCT

05.08.2015

CPSAS contract extension is denied by IPDIV and Aerial Surveillance in support of the PBS ceases

05.08.2015 EM 05.08.2015 A 0345PM SB TO CL NOT SEEKING EXTENSION.pdf    

Proceeding to Trial


29.02.2016

Joint Standing Committee on "Strengthening implementation of the Niue Treaty" Chaired by Senator Fawcett where he quotes "we have seen an investment in a civilian charter to do some surveillance"

04 29.02.2016 CL94 29.02.2016 STANDING COMMITTEE ON TREATIES INCLUDING NIUE.pdf    

Senator confirms CPSAS provided surveillance


02.12.2016

IPDIV put out the Tender for Aerial Surveillance including the requirement to meet Australian Civil Aviation Certification

06 02.12.2016 CL87 02.12.2016 CONDITIONS OF REGISTRATION ITRI CASG.CD.EO10379.16.pdf    

07 02.12.2016 CL88 02.12.2016 ANNEXES A.B.C.D TO ITRI CASG.CD.EO10379.16.pdf    

The applicant TSC did not meet Australian Certification standards of an Air Operating Certificate


20.06.2017

The JSC is given a statement by DOD that "Australia will provide contracted Civilian manned fixed wing aerial surveillance from late 2017" and that "contracted aerial surveillance has never been attempted previously".

08 20.06.2017 CL102 20.06.2017 FALSE STATEMENT BY DOD TO JSC RE CPSAS SURVEILLANCE.pdf    

The statement relating to contracted surveillance is patently false


14.12.2017

CPSAS Legals send a Letter of Demand to DOD challenging the false statement of 20.06.2017

09 14.12.2017 CL 106 RE JSC FALSE ANSWER TO FRENKELS LETTER OF DEMAND 14.12.2017.pdf    

CPSAS engaged Legal services to make this challenge


28.01.2018

Minister for Defence announces the "2 Billion Dollars PMSP" program and says 1400 hours each year has been assigned and says "TSC has previously provided aerial surveillance supplied to the FFA in its largest annual surveillance operation".

11 28.01.2018 MEDIA RELEASE TSC CL51B Commencement of aerial surveillance.pdf    

The statement is false. TSC had not supplied such services.


01.02.2018

The DOD Legal Firm responds to the Letter of Demand as follows:

"As regards the Answer to the Parliamentary Committee (adopting the definitions in your letter dated 14 December 2017), our client does not accept that the aerial surveillance service to be provided as part of the PMSP is "in essence, the same as that which IEPL provided to the Commonwealth under the Contract." The program and the scale of the service to be provided quite clearly distinguish it from the trial service provided by IEPL. Read in context, our client does not consider the Answer to be incorrect or false."

12 01.02.2018 DOD Lawyer RESPONSE TO Frenkels LETTER OF DEMAND.pdf    

This perception would be challenged in court


08.02.2018

Media Report comments:

"Selection of a US provider has created consternation among Australian aerial surveillance companies, with industry sources saying at least three submitted compliant bids"

13 08.02.2018 CL103 PHILIP SMART ARTICLE TSC AWARDED CONTRACT CONTROVERSY.pdf    

Statements made by DOD representatives at senate and other meetings said there were no Australian applicants which is untrue.


20.02.2018

Media Report comments:

Surveillance plane stranded and no Pilots being reported by the Media

15 20.02.2018 MEDIA ARTICLES 20.02.2018 TSC NOT OPERATING NO PILOTS.pdf    

The articles go unchallenged


29.05.2018

Senator Kitching questions DOD at Senate Estimates and the responses are best reviewed in toto and the reader can draw their own opinion as to the veracity of the replies.

16 29.05.2018 CL89 29.05.2018 SENATE ESTIMATES DOD KITCHING Q AND A.pdf    


30.10.2018

Media Report comments:

First test flight for TSC

17 30.10.2018 MEDIA REPORT FIRST TEST FLIGHT TSC N625BW.pdf    

The reports go unchallenged


12.02.2019

Media Report comments:

TSC still not operational

19 12.02.2019 MEDIA RELEASE TSC STILL NOT OPERATIONAL.pdf    

The reports go unchallenged


14.05.2022

CPSAS files a safety report to CASA in Australia reference the operations by TSC being illegal

CASA COMPLAINT EXTRACT COPY 14.05.2022.pdf    

The matter has been referred to the Pacific Aviation Safety Office in Vanuatu and the FAA and awaits determination


25.05.2023

Judgment of Justice McIntyre

Judgment of Justice McIntyre 250523.pdf    

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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