I  had unfinished business; 2010 was going to be an interesting year. Little could I have known of the tragic devastation that was about to unfold.

.

It was becoming increasingly evident that Serengeti Balloon Safaris are  not taking passenger safety seriously yet acting provocatively towards me. With that in mind; if I were to gain their attention, I needed to adopt a stronger strategy.

My readers would understand my patience was running thin. I had afforded SBS ample opportunities to discuss matters with me professionally yet privately. Given that they refused all such offers, it is hardly surprising that this is to go public. My thinking behind this strategy is that while they are hell-bent on ignoring me,

I doubt that the SBS would be so dismissive towards travel agencies that supply them with passengers and have to answer some awkward questions. Most of SBS’s clients come from the United States & Japan.

With this in mind, I sought advice from the UK and Australian aviation authorities with whom I hold licenses; I was pointed to these organisations' whistle-blowing facilities. Of course, I found it acceptable that neither of these agencies had any authority over SBS; nevertheless, I found their advice contained an underlying element of encouragement; however, they were very conscious of the fact that I would indeed be wasting my time pursuing this matter with the corruptible Tanzanian authorities.

Their advice planted the seed, giving me the idea that the time might be approaching to go public and become a whistleblower; after all, there is no doubt that the public has every right to know of standards regarding passenger safety.

On a most personal level, given that I have to contend with the enormous frustrations of being dyslexic, in the early stages, the very thought of writing public documents produced fears of nightmarish proportion. In addition, knowing that some would almost certainly seize up the opportunity to capitalise on such often misunderstood handicap was of enormous concern. Even today,  misconceptions remain about this handicap,  particularly the unread!

I grappled with these fears for quite some time before stepping forward, very aware that this was the time if there was ever going to be a leap of faith.

So what changes, you might well ask:

Given the unenviable set of circumstances that both myself and my wife found ourselves in, I was determined that such a handicap, one that had over the years brought about relentless ridicule, & embarrassment, could not be allowed to keep me out of the public arena on such serious matters, after all, I’d already paid a high price with my career bludgeoned to death just as promised by the unscrupulous director of SBS.

Before taking that bold step, I was conscious that I better do my homework, particularly as aviation whistleblowing is a hot potato; I had no intentions of going about it willy-nilly.

I spent considerable time reviewing my notes, confident that everything I said was true. That, coupled with knowing I had two sackings to my name on each occasion, resulted in sticking to professional piloting regulations.  I needed to send a very clear message that commercial piloting, along with passenger safety, is a very serious business.  I could not go through the rest of my life with the thought of letting such reckless behaviour pass by unchecked, thinking to myself, where would commercial piloting be if pilots allowed themselves to be bullied & undermined by this type of intimidation?

2010 Kathmandu

As I passed through the local suburb of Lazimpat, I was surrounded by four people on three motorcycles. With one bike directly in front, one behind and one off to my right side, I was brought to a halt. The the one pillion passengers from the motorcycle on my right side; rolled back his leather jacket revealinga a revolver tucked into the top of his trousers. He gave a warning that unless I take down my website, I may have an accident that  I might not recover from.

Obviously, this was not the most tasteful experience of the day; however,  it highlighted the magnitude of the situation, in that telling the truth just as it is; is not always appreciated, particularly by some of the unscrupulous in this industry.

Not wanting to alarm others, I kept quiet about this experience for a few days and gave it some thought. However, really, there was nothing to think about. I remained committed to exposing the charlatans who were attempting to intimidate me. Once again, this attempted intimidation has produced the reverse effect, leaving me more determined than ever to carry on just as planned.

All horrifying enough, however, in  June, SBS  director Tony Pascoe published his outcry in the shape of a counterclaim website stating that passenger safety was the top priority; tragically, on September 29, two passengers were killed, and eight were seriously injured In that accident.

May 5th 2010 I Publicly predicted SBS would have more accidents

I give my public warning of an expected accident in the Serengeti; four months later, one American and one Danish passenger were killed at SBS,  eight others were seriously injured. Survivors feared being eaten alive as wildlife circled.

Revolver or no revolver, as far as I’m concerned, the message has to be very clear: that matters pertaining to passenger safety are certainly not going to be up for negotiation. After careful thought and consideration, I go public, warning my readers to expect other balloon accidents in the Serengeti. This warning is not only placed on my website but also on a respected aviation site. Publishing on the latter provides a credible date stamp of publication. My concerns are not only to do with the lack of RDS, but importantly, SBS’s poor attitude towards pilots who have genuine passenger safety concerns. This was the first time I was challenged on passenger/pilot safety issues. Normally, operators welcome the safety concerns of pilots; we refer to that as acting professionally.

other accident shortly after I departed, Interestingly previously undisclosed

***Please note that it was not until mid-2012 that I learnt that my immediate replacement had crashed into a tree, injuring a passenger on 27 September 2009

Note that FDS is the same as RDS.

From: Paul Dickinson – ULTRAMAGIC

Date: 19 January 2010 07:53:41 GMT

To: nigel.pogmore

Cc: paul.ultramagic@tiscali.co.uk

Subject: RV: Contactar Website ULTRAMAGIC de Nigel Pogmore (Pilot)

Dear Nigel

Happy New Year.

The Ultramagic fast deflation system is available in most sizes and types. It has been fitted to balloons as small as 65,000 ft.³. The FDS is fitted as standard in all in types and N180 to N 500 and is included in that list price as are rotation vents. However, the standard parachute may be fitted to the smaller sizes in this range if requested. In certain cases a special parachute as being fitted to a large balloons instead of an FDS at the request of a customer. This has also proved to be very successful as I’m sure you are aware. However, it would be very rare for a balloon larger than 210 not to have an RDS unless a customer had previous experience of flying a large balloon without a RDS fitted.

The FDS and rotation vents are also standard in the T series T 150 – T 210 and are included in the list price.

Operations of Ultramagic balloon equipment is stated in the Ultramagic flight manuals as are any related restrictions. As we all know, final flight safety is the responsibility of the pilot in command.

My experience of balloon design and manufacture goes back to 1982. I was involved in the development of the very early large balloons with Colt, Thunder and then T & C. At that stage we used to fit Velcro rip deflation systems to enable large balloons to deflate and stop quickly in windy conditions. Then the Velcro parachute combination system was developed. However this was very time-consuming to refit and prepare for flight.

The fast/rapid deflation system are without doubt a vast improvement on the combination system of the past. The FDS system does allow a pilot fly land safely in conditions that may not be possible with a standard parachute. I’m sure you would agree with me from personal experience that it would be preferable to have FDS fitted in large balloons where fields are small, and landing options are restricted.

Please feel free to come back to me if you need any further information.

Best regards

Paul Dickinson

Ultramagic S.A

Soon after publishing this letter, I was contacted by the company requesting that I remove the above document. Interestingly, this is the company that supplied SBS with an envelope lacking the safer rapid deflation system. Indeed, it was one of their envelopes that was involved in the fatal accident. Having said that, in fairness to Paul Dickinson, UK manufacturer Cameron UK has also supplied envelopes in the same fashion.

Legally certified or illegal prototypes?

From: Kavanagh Balloons <sales@kavanaghballoons.com.au>

Date: 18 January 2010 20:44:20 GMT

In terms of certification, it would be difficult for any manufacturer to supply a big balloon with just a parachute as you suggest, because performance has to be demonstrated and showing a fast landing with a normal parachute in a 400 would require a braver pilot than we can find.

Regards,  

Phil Kavanagh | Kavanagh Balloons |

March 2010: I reply to the Apple Macintosh abuse team regarding Pascoe’falsely alleging copyright infringement!

On 2 March 2010, YouTube made contact, telling me that they pulled our videos showing leaky parachute valves, etc.. Later, these videos were republished on our own server. At the same time, in doing this, I made a video and published it stating that if I receive any further fraudulent claims of copyright, those doing so do so on the understanding that I placed the cash value of £75,000 on every image. Furthermore, I warned that should it be proven in court that they are copyrighted, I will pursue all of them for the £75,000 plus costs incurred. It's not surprising to me that no further claims were made against my videos, and they remain available to this very day.

https://vimeo.com/27965137     

On 11 Feb. 2010: at 21:26, Alan wrote: Alan is an Approved  FAA Commercial Pilot Examiner

Nigel:

The hardest thing a person can do is stand up for what he thinks is right when others fail to see the negative events about to unfold. It might not be the popular thing, but you know it is the prudent and safe thing to do. We call that professionalism and that is what the FAA certificate and privilege you hold as a commercial pilot. You are obligated to do the right thing and others will eventually look to you as the example of a professional, which you are.

You did the right thing and have the stamina to survive the critics.

Stay on course and stay in touch.

Alan

Date: 1 October 2010 18:11:14 GMT+01:00

To: "Nigel Pogmore (Mac)" <nigel.pogmore1@mac.com>, Nigel Pogmore <nigel@iwayafrica.com>

Subject: SBS accident

Hi Nigel,

Looks like you have been vindicated in your safety concerns. Three people were killed on Wed in an accident. Presumably, you will have heard?

Taken from my 2010 notes:-

Well, as it turned out, I didn't know about it until those emails arrived.

I will find it hard to describe how I felt reading this mail. Now, although four months have almost passed by, it’s been an emotional roller-coaster ride. I feel like a massive boulder has knocked me over. My head couldn't cope with what lay before me. I felt physically sick, my hands were shaking, and I could not type or even call anybody. It made all the worse as I was on my own, horrible.

For a while, I think I wandered around the house pacing up and down; however, soon rushing into the bathroom, I was physically sick later and worse. I did not want this, not at any price. There must be a term that escapes me right now: when one is faced with conflicting feelings, some feelings are inexcusably shameful. Eventually, I calmed down and phoned my wife, who was staying at her brother’s house 500 km away. By now, it was about 11 to 11:30 PM; I knew she would be sleeping, yet I was aware that she always kept her phone switched on.

She was startled by the phone ringing; however, upon seeing it from me at that time, she knew something was wrong. When I informed Nita of what I had just learned, she was equally horrified, both of us adamant that regardless of how badly this company had treated us, we certainly did not wish this upon them more so upon their passengers. Somewhere in the World, families were suffering, agonising in pain at their loss, the bodies of their loved ones lying in a foreign land thousands of miles away.

Immediately after the call, I made one more to a good friend who would be helping me learn Dreamweaver, the program needed to produce a website. He had been involved from start to finish and was certainly quite chuckled when producing the hot-air balloon safety jurisdiction and the dreaded dungeon of disgrace. I went to bed at about 1:30 AM; however, I was awoken at 5 AM by the same friend, “Come, Nigel, you've got work to do, and I'm here to help you” ***I’m not going to reveal his name as he may come under persecution back in Nepal. We sat talking for a prolonged period; needless to say, not much work got done; we drank tea by the bucket full, both of us feeling very numb by the events.

***Edited February2024 I was made aware much later that after I departed  Kathmandu, he was dragged in by the local police and given a serious going over. I understand that he's not allowed to communicate with me or else.

We agreed that all we could do was offer our condolences to those involved in this catastrophe. My thoughts were not only for the families/passengers involved; very much in my mind are the hard-working staff at Serengeti Balloon Safaris. I’m talking about the ground crew and lodge representatives who man the many desks, knowing that this is going to affect them in a big way. My head was a shed.

On October 5th, very aware of how the last fatal accident investigation was conducted, I wanted to do anything I could to gather and preserve any evidence from witness statements or photographic evidence. I appeal for witnesses to come forward at the same time, advising them not to part with their cameras or at least make copies of any images they might have before handing them over to the so-called investigators!  After Tony's boastful claim about his ability to bribe the Tanzanian CAA,  I had no trust and felt sure that this would be yet another whitewash.

I didn't have to wait long to receive a response from our website; according to my records, it appears to be the same day I posted the appeal when the daughter of one of the deceased, passenger Harvey Marron, made contact. I was very pleased with this result, yet once more, I found it to be a very emotional experience dealing directly with this lady; in my mind, I was trying to understand what enormous torture she must be going through.

On 5 Oct 2010, at 22:28, Donna Marron wrote:

Mr. Pogmore -- My father was the American killed last week.  The press reports have his age and name wrong.  He was 85.  My father's fiance is back in the U.S. now.  She has significant physical injuries and has been through hell on earth.  I would like to be in touch with you.  Please e-mail me back at your earliest convenience.  Thanks.  Donna

Donna C. Marron

I don't know when I broke the news to my friends. I tended not to talk about what I was doing, understanding that although they were all well-intentioned, they probably thought that I was fighting a losing battle and I'd best forget about it and move on. However, I needed to tell somebody; upon doing so, I heard the words I just didn't want to hear “That's brilliant, it's fantastic”, Well, no, it fucking isn't.

This is the dilemma: whilst I wanted to pursue this wayward operator and bring them to justice, I certainly didn’t want any part of being able to climb on the backs of those killed and injured. The accident, or was it an accident? I find that word so inappropriate of what took place in the Serengeti. How can it be described as such? Isn't an accident something that was unavoidable and took place without warning?  In this case, public warnings were given yet ignored and therefore avoidable.  The previous May, I had publicly warned readers on two websites to watch out for an accident in the Serengeti.

I would later call such action the Alaskan Airlines scenario for good reason, let me explain:-

Briefly, after, a  chief maintenance employee of this airline was sent home on extended leave! After ordering a $60,000 replacement part that’s referred to as a Jack screw.  Its use is to alter the profile of the aircraft's tail to action clime or descent  (pitch ). of an aircraft. Once the diligent employee was out of the way,  his less diligent replacement gave the green light for the aircraft to be returned into service without the replacement being installed.

Later, this part failed, Killing all 83 on board. I  believe such atrocities committed by conventional airlines or hot balloon ride operators could be rightly regarded as corporate manslaughter and or manslaughter.

Definition of corporate manslaughter:-

Serengeti balloon Safari Getting your head around corporate manslaughter

Corporate manslaughter is a criminal offence where a business or organisation are found to have caused a person's death. 

Any business can be prosecuted for the offence of corporate manslaughter if the way it manages activities causes death through a gross breach of duty of care to the deceased. A large part of the breach must have been in the way senior management organised or managed the activities.

Owners of businesses cannot personally be prosecuted for corporate manslaughter. However, they can be prosecuted for other offences related to failures in health and safety management. These include gross negligence, manslaughter, and health and safety offences. The corporate manslaughter law does not change this, and individuals will be prosecuted where there is enough evidence, and it is in the public interest.

As you should know, I shall cover“in the public interest” once we get into the second half of this book and discuss other legal aspects.

Directors and staff members could also be called witnesses in a criminal trial for corporate manslaughter.

Corporate manslaughter test

Juries will consider how a business manages its activities that led to the fatal accident. This includes any systems and processes for managing health and safety, how these were operated in practice and the failures that occurred.

Most of the failure must have been caused by senior management, i.e. the people in your business who make the big decisions. This includes both centralised headquarters functions and those in operational management roles.

To be in 'gross' breach of a duty of care, your business' actions must have fallen far below what could have been reasonably expected in the circumstances. Juries will also take into account any health and safety breaches by the organisation - and how serious they were.

I'm not legally qualified; however, that doesn't exclude me from having professional opinions.

As with the Alaska Airlines scenario, given that I'd given fair warning to SBS, I voiced my concerns regarding the lack of a rapid deflation system (RDS), dangerously low fuel levels as well as procuring and operating burners without pressure gauges, therefore with a null and void certificate of airworthiness.

Two independent expert witness reports support each of these. I believe that manslaughter should be investigated; it can't be argued against that it is in the public's best interest to do so.

Nigel

You may remember me from your time flying in Australia. We crossed paths some years ago when you were flying the Cadbury Freddo. I am also a trained aircraft accident investigator specialising in Human Factors. For the last three years I have assisted the Australian Ballooning Federation in establishing a Safety Management System.

Though now semi-retired I was until recently an inspector with the Australian Civil Aviation Safety Authority. Fortunately CASA realised that safety and surveillance of the commercial ballooning industry was going awry back in the early 2000's. It instigated a national audit in which I was involved and has since put in place a formal surveillance program for regular inspection of commercial balloon operators. This has resulted in a noticeable lifting of standards not only in the commercial arena but in the private world as well. Recently CASA formed a separate sport aviation regulatory office to assist and monitor not only ballooning but all sport and recreational aviation. I am pleased to say that SRA activities in Australia are now safer than ever and are improving from month to month.

Good luck with your endeavors. It sounds like your dealing with people who seem reticent to adopt modern aviation safety concepts. This must make achieving your objective nigh on impossible.'

Please give my regards to Nita. I am so sorry that you two have to go through this and I greatly admire both of you for your courage in maintaining your stance.

Good luck and please keep in touch.

Bob Cook

Date: 2 October 2010 18:30:09 GMT+01:00

To: 'Nigel Pogmore 'xxxxxxxx>

Subject: FW: News from the Serengeti

Nigel,

Not sure how much you have found out about the prang in the Serengeti. This is from a guy that I didn’t know was working there. Not the best of news, i just hope that this sends a very clear message that you have solid ground to state your case publicly.  

XXXXXXXXX X XXXXX

Subject: Dreadful Accident

Hi. xxxx

There was  a serious accident yesterday here with 2 dead and 8 injured some seriously. It was windy at launch site and although other balloon took  off, I stayed on ground. Glad I did, they could not get down before  mountains and were caught in mountain waves. Balloon hit large tree at  speed causing serious injuries to pax, carried on over another  mountain range then ejected 2 pax and P1/US on final hard landing. V  ugly. I spend afternoon loading seriously injured pax on to medivac  flight to Wilson. Pilot is canadian and physically OK but a mess.

SBS Directors Colin and Tony Pascoe  receive news of  their  3rd fatal accident

Given the three-hour time difference between the UK and Tanzania,  when first informed of this tragedy, Colin and Tony would've been jolted from their slumbers without exception, something I wouldn't wish on anybody.

I understand that company credit card details were passed on to  SBS operations manager Martin Lakemba to organise helicopter rescue. One can only im £Dagine that immediately after receiving such a devastating call, they would also feel sick to the stomach.  They would have organised their flights to Tanzania as quickly as possible. As there are no direct flights to Kilimanjaro,  there is nothing quick about getting out there. Once in  Kilimanjaro, there would be a road trip to Arusha airport for a one-hour flight into the Serengeti. With unavoidable overnight stops, It would take at least two days to arrive on the scene in the Serengeti.

I don't think anybody can fully imagine what was going through their heads during that lengthy journey. Firstly, they have the deaths of passengers and the injured to consider. This is not dissimilar to what they went through in 2008 when their  Cessna aircraft fell out of the sky.

In this recent scenario, neither I nor they could ignore that I had publicly predicted that they were heading towards further tragedies four months earlier. Even without that prediction, a fatal balloon accident will always be world news; therefore, they will be subjected to media coverage.

Knowing full well that it wouldn't be long before all the dots were joined, it's inevitable that this crash will receive additional publicity. My friends found it strange that despite all the hurt, injustices, and threats made against myself and my wife, we had some sympathy towards these two individuals weighed down in what would be   their darkest hour.

While my predictions are based on solid foundations of professional analysis, i.e. lack of appropriate safety culture, my only reason behind possessing such sympathy to Tony & Colin; is that I maintain the philosophy that, be it friend or foe, nobody should ever be kicked when they are down.

So, was I wrong to have some sympathy? Let me know in the **comment section.

** Comment section to be added soon

Silencing Professional Pilots

At  Your peril.

From the Serengeti

A Million Tears Pour