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Wednesday, 3 February 2010
Laser offender spared jail over Qantas incident

This is from ABC News Australia, thanks to Dumbledoresarmy.
A Turkish ex-soldier who shone a laser at a Qantas jet as it was about to land has been given a suspended jail sentence in the District Court in Adelaide.
Turkish national Irfan Bozan, 26, pleaded guilty to prejudicing the safe operation of an aircraft.
The court heard he had been playing with a laser while he was a passenger in a car travelling between Adelaide and Victor Harbor last August.
It was told he shone it at signs, pedestrians and cars.
The court heard that, while travelling through Mount Compass south of Adelaide, Bozan then shone the laser pointer at the cockpit of a commercial aircraft on landing approach for Adelaide Airport.
The pilot said the light was intense and distracting and shone several times into the cockpit at a crucial time during the descent. The light was so intense it immediately attracted my attention. This was not a safe time for my attention to be on anything other than my duties as a pilot," he said.
The court heard Bozan served in the Turkish army before he came to Australia in November 2008.
He had received military training in the use of laser-sighted rifles and knew of their ability to travel long distances aiming at specific targets.
Judge Paul Rice said the offending was very serious. . . "Your actions were, to say the least, stupid and reckless"
But Judge Rice said he accepted Bozan was remorseful for his actions and did not intend causing harm.
"I accept you were playing with the laser out of boredom and curiosity as to whether it would reach the plane," he said. "I accept that your offending was opportunistic and you did not intend to bring the aircraft down."
Judge Rice set a head sentence of 14 months with a non-parole term of eight months. He said it was important to send a message to others but he did not consider Bozan was likely to offend again. He suspended the jail sentence in favour of a two-year good behaviour bond.
The court heard Bozan, who is on a student visa which runs out at the end of this month, wants to gain permanent residency in Australia.
Judge Rice said the offence may affect his application, but that is a matter he cannot consider. " that is a matter for the Department of Immigration," he said.
Both Dumbledoresarmy and I agree.  He was not a silly child larking about. As a trained soldier he would have known exactly what he was doing. And he should be deported with his application for residency turned down flat.

Posted on 02/03/2010 3:59 AM by Esmerelda Weatherwax
Comments
3 Feb 2010
Send an emailGeneral Public AYS

Now there's a warning for us if ever there was one.
Boredom and curiosity?!!  That makes a change from the usual defence of unsound mind.

Should Judge Rice be examined a little more closely? His appreciation of this particular case seems dangerously naive, perhaps stupid. This was no occasion to give anyone the benefit of the doubt.  It certainly  "..sends a message to others..."  but not of the type in Australia's interests.



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