A BUSINESSMAN whose helicopter crashed into the sea, causing the death of a woman, has been fined £8,000 and disqualified from holding a pilot's licence for seven years.
In Dublin Circuit Criminal Court yesterday, Judge Michael Moriarty said it would be wrong to consider the case one of culpable homicide by the defendant, Xavier McAuliffe.
The public interest did not demand a custodial sentence.
The evidence, said the judge, had not indicated any certainty that an inspection would have uncovered the carburettor corrosion which led to the accident.
On the day of the accident three years ago McAuliffe had flown his son in the helicopter before he took a family friend, Ms Siobhan Casey (22), from Sligo, on a flight to show her Dingle Bay.
Ms Casey died when the helicopter plunged into the sea 200 metres from the shore shortly after take off.
The case was distinguishable from a case of dangerous flying causing death, Judge Moriarty added. He had considered a suspended sentence but the likelihood of a recurrrence was minimal.
It would also be wrong to impose substantial fines because McAuliffe was wealthy.
McAuliffe (50), of Ballygrennan, Listowel, Co Kerry, pleaded guilty at an earlier hearing to two charges relating to the aircraft's use.
He admitted flying the helicopter at or near Cooleen Pier on May 31st, 1992, when no airworthiness certificate was issued or validated, or without a flight permit granted by the Minister for Transport, Energy and Communications.
He also pleaded guilty to flying the aircraft when it had not been appropriately maintained.
Both charges had been brought under the Air Navigation (Airworthiness of Aircraft) Act of 1964.
One of the most touching aspects of the previous hearing, Judge Moriarty said, was the appearance of Ms Casey's father who had accepted that his daughter's death was due to an accident and bore no animosity towards the defendant.
It was to McAuliffe's credit that by pleading guilty he had spared the dead woman's family the trauma of a trial.
He might also have canvassed a probable successful legal challenge to at least one of the charges, the judge added.
Insp Jim Fitzgerald told Mr Paul O'Higgins SC, prosecuting, bat the earlier hearing that corrosion in the carburettor caused the helicopter to crash.
It was not known how the corrosion occurred.
In a statement, McAuliffe had outlined previous fuel tank problems due to water contamination. "He had dealt with this by flushing out the tank and refuelling.
The corrosion was discovered after the accident when it was found that flushing was insufficient.
Insp Fitzgerald said the airworthiness certificate had expired eight days before the accident. McAuliffe had been out of the State on business for some time beforehand and had overlooked the certificate's renewal date.
Mr Patrick MacEntee SC, defending, said the State was not alleging that the helicopter was not properly maintained. No one knew what had caused the corrosion in the carburettor.