Pilot Tells Canadian Court that He Had Enough Fuel

The pilot of a Keystone Air plane that ran out of fuel and crashedinto a busy Winnipeg intersection is speaking publicly about the June 2002 tragedy for the first time.

Mark Tayfel, 38, took the witness stand in his own defence Monday afternoon and said he took every reasonable step to ensure a safe flight for his passengers.

Tayfel said there appeared to be more than enough fuel needed for the 800-kilometre round-trip morning flight from Winnipeg to Gunisao Lake Lodge.

"In my mind there was a safe amount to get me there and back with fuel to spare," Tayfel told Queen's Bench Justice Holly Beard.

Tayfel is facing several criminal charges including criminal negligence causing death, four counts of criminal negligence causing bodily harm and dangerous operation of an aircraft. He has pleaded not guilty in what is believed to be one of the first cases of its kind in Canada.

Tayfel said his calculations showed 720 pounds of fuel would be needed for the entire trip. And he estimated there was about 850 poundsof fuel in the tanks, based on the gauge readings.

"I figured that was about half an hour of extra fuel," he said.

Tayfel had flown the Piper Navajo for approximately 900 hours during his career and had made a dozen previous flights from Winnipeg to Gunisao Lake.

"To me, (what he had on the day of June 11, 2002) was a normal fuel load for that flight," he said.

Tayfel said he learned after the crash that another pilot had detected a potential problem with the gauges a day before but no action had been taken. He would have taken "extra precautions" with his fuel readings had he known about the problem.

Tayfel was flying six passengers back to Winnipeg when both engines shut down because of lack of fuel, prompting an emergency crash landing at the corner of Logan Avenue and McPhillips Street.

On the way down they bounced off a transit bus, sheared off a light standard and cut through the box of a three-tonne truck before coming to rest near a gas station and line of houses.

Chester Jones, 79, of Kansas, suffered serious injuries and died in hospital several weeks later. Other passengers -- including Jones' son, grandson and good friend -- suffered a variety of injuries that were not life-threatening. Tayfel also escaped serious harm.

The Crown says Tayfel was negligent by failing to properly calculate the amount of fuel needed.

Another pilot who flew up from Winnipeg with Tayfel has already testified Tayfel should have refuelled in Gunisao Lake because it was too risky to attempt the return half of the flight with the amount of fuel he had left.

Tayfel admits he never weighed his passengers or their cargo, and said Keystone Air was comfortable with its pilots simply guesstimating based on their experience. Weight of the plane directly impacts theamount of fuel used.

Tayfel also took to the skies without a mandatory autopilot, whichlikely would have prevented the plane from having to land on a street.

Tayfel said the plane had just returned from maintenance and that he noticed the missing autopilot just before leaving on his flight. Tayfel said he informed Keystone's chief pilot, who simply shrugged itoff without any further instructions.

With one engine already shut down and fuel critically low, Tayfel tried to make a safe landing at the Winnipeg airport but came out of the clouds with too much height and speed, court was told.

The result was a missed runway. Tayfel was attempting to circle back to try another landing when the second engine gave out and he wentdown.

Tayfel was initially hailed for his role in getting the plane downwith no immediate loss of life, but 10 months later the Transportation Safety Board of Canada ruled Tayfel and Keystone were responsible for numerous mistakes that led to the crash.

Jones' estate and the five survivors have launched a lawsuit against the airline, the northern fishing lodge which booked the flight aspart of a package trip, and Transport Canada.

Tayfel will continue his testimony this morning.

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