AER ARANN has claimed before the High Court it had such concerns about the safety of aircraft and the competency of pilots chartered to it by a Polish company that it had cancelled its agreement with that firm after seven weeks.
In one incident on February 6th last, a pilot with White Eagle Aviation (WEA) SA, Woloska Street, Warsaw, Poland, reported to air traffic control he was making a descent into Galway airport when he was actually 16km (10 miles) away, Martin Hayden SC, for Aer Arann, told the court yesterday.
In another incident on February 7th, the manner in which a WEA pilot was operating the aircraft while descending into Cork airport raised such concerns among Aer Arann personnel that the flight was diverted to Kerry and the passengers bused to Cork.
Mr Hayden also said one of two aircraft provided to it by WEA was grounded because a fracture in a propeller had been repaired but this had not, as required under aviation industry procedures, been notified to Aer Arann.
When Aer Arann was informed, the aircraft was grounded and passengers had to be transferred to another plane, the airline complained. It said non-notification of the repair invalidated the certificate of airworthiness of the aircraft and breached the agreement.
Aer Arann made the agreement with WEA on January 18th to charter two aircraft with crew. Between then and termination of the contract on February 7th, 28 complaints were made to WEA about issues including safety and conduct, the court heard.
The airline also expressed concerns that accounts provided by WEA may not reflect the reality of its present financial position.
Mr Justice Bryan McMahon yesterday reserved judgment on Mr Hayden's application to continue an injunction freezing WEA's assets below €223,465 and grounding a WEA aircraft at Dublin airport pending the hearing of proceedings in which Aer Arann wants WEA to repay it €223,465 paid as a deposit. An interim injunction was granted on February 23rd restraining the removal of the aircraft and preventing WEA reducing its assets below €223,465.
Alan Doherty, for WEA, said his client denied threats to safety from the incidents referred to, and was disputing the jurisdiction of the High Court. WEA did not accept Aer Arann was entitled to terminate its contract or to a refund of monies paid, he said. Much had been made of alleged breaches of safety but, as far as WEA was aware, no complaint had been made by Aer Arann to any regulatory authority.
