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Auckland man Daniel William Baker convicted after laser hits cockpit of descending cargo plane
The pilot of a Boeing 767 coming into Auckland Airport said his cockpit “just sort of exploded into a bright green light” as it was hit by a high-powered laser.
The light entered the left side of the cockpit for one or two seconds as the crew of the DHL cargo plane prepared for landing.
The pilot avoided being hit directly in the eyes by lowering his seat.
Although not blinded by the light, he said the laser strike was a dangerous distraction at a critical phase of his descent at about 3am on 29 July, 2022.
He was passing through 7000ft (2100m) over the Titirangi area of West Auckland and was about eight minutes from landing.
The laser was in the hands of an intoxicated Daniel William Baker, about 10km away at his home in Point Chevalier.
Baker was later convicted of endangering transport in relation to the laser strike on the 767.
He had another similar charge related to the police Eagle helicopter dismissed on a technicality.
Cargo plane landed safely
After the strike on the cargo plane, which landed safely, the Eagle helicopter went looking for the source of the laser beam, hovering over Baker’s house and then moving away.
One of the crew later told a court that the helicopter was lasered three times during these manoeuvres.
A DHL Boeing 767 cargo plane, similar to the one struck by a laser over Auckland in 2022. Photo: NZME
Police officers on the ground went to Baker’s home and found the laser.
When they asked why he was shining it into the sky, he said he “thought there were drones in the area”.
Baker’s case went to a judge-alone trial in the Auckland District Court last year. Judge Mary-Beth Sharp said she was unwilling to infer that Baker deliberately aimed the laser at the plane.
However, she was satisfied that he had acted with “reckless disregard” – a finding that Baker would later focus on when he tried unsuccessfully to get his conviction overturned.
Since his district court trial in July last year, Baker has taken his case first to the High Court on appeal, which found against him, and to the Court of Appeal.
In the High Court, he tried to argue that Judge Sharp could not have been sure that he knew his actions were inherently dangerous.
But High Court Justice Michele Wilkinson-Smith said the district court judge had been “perfectly entitled” to come to the finding that Baker had acted recklessly.
This month, the Court of Appeal denied him leave to take the matter any further, meaning his conviction will stand.
Eagle tracked laser beam to Point Chevalier
The three court decisions in Baker’s case have revealed how the Eagle helicopter was able to pinpoint who was pointing the laser.
After the strike on the Boeing, the helicopter crew were immediately tasked with tracking the source of the beam.
When approaching the Westmere area, they saw the beam and followed it to identify a location in Point Chevalier before the laser was turned off.
It was then turned on and off again in quick succession, giving the helicopter crew time to identify which property it was coming from.
The evidence of one of the Eagle crew in the district court said it seemed as if the laser was “searching” for the helicopter.
The Eagle crew maintained observations on the property while officers on the ground were sent there.
During this time, they saw someone moving between a shed and the house.
The laser beam went on again just as the officers on the ground were arriving.
Baker was found in the house, with the laser.
Baker under influence of drink or drugs, or both
In the district court, Judge Sharp said Baker had been affected by drink or drugs.
“It is clear to me that the defendant was intoxicated, whether from alcohol or drugs or both, at the time that he was waving around his laser on this night,” she said in sentencing Baker to 12 months of intensive supervision.
“It was quite accidental that the laser beam struck the aircraft in question.
“That does not excuse Mr Baker’s actions because he did admit – not only to police on this occasion, but also whilst on bail pending sentence, when he was found in possession of another laser device – that he liked to use lasers to spot drones.
“His offending appears to be … accidental on this occasion, but equally of risk of causing extremely serious harm.
“Fortunately, it did not.”
Judge Sharp said Baker had struggled with addiction for some time and, on the night of the laser incident, he was also found in possession of 0.41g of methamphetamine, 4.81g of cannabis and a used meth pipe.
He pleaded guilty to drug possession charges, which were taken into account when he was sentenced to intensive supervision with conditions to do rehabilitation courses.
RNZ
The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.
On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.
Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.
In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.
“Now that the election results have confirmed an increase to the number of members we are looking at several options.
“We are confident we will be able to accommodate all members within the Chamber.”
VNP / Phil Smith
Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.
That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.
“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.
Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.
Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.
The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.
Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.
Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.
“It could do so to allow former members to address the House.”
Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.
rnz
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