A north Queensland pilot has been sentenced to five years in jail, to be released after two, after he was convicted of fraud over flights he chartered without a licence for Kennedy MP Bob Katter.
Josh Hoch was convicted by a jury in Townsville District Court on Friday of 13 charges including unlicensed flying and fraud to the value of $30,000 or more.
The 37-year-old operated two charter businesses, Flying Fitters Pty Ltd and Hoch Air Pty Ltd, without an aircraft operator's certificate between 2011 and 2015.
Hoch received about $370,000 from illegally-chartered flights over the four year period, including almost $260,000 for 61 charter flights which carried Katter's Australian Party politician, Bob Katter.
Hoch also chartered two flights for Traeger MP Robbie Katter.
Judge Michael Byrne said Hoch had also received payment from the Queensland Electoral Commission for transporting ballot material.
"That invoice shows very clearly the commercial nature of your operations," he said.
Judge Byrne said the sentence was reflective of the number of offences carried out over several years.
"There were 96 occasions where you illegally flew," he said.
"That in itself shows the seriousness of the offending."
Judge Byrne also noted that Hoch obtained the correct certification in 2016, had no prior convictions and hadn't advertised his services.
"You did not set out at the beginning to break laws, but because of your desires, that is how things transpired ultimately resulting in you obtaining the correct level of accreditation," Judge Byrne said.
The court also heard that Hoch had deliberately withheld from the KAP politicians that he did not hold the appropriate licence or authorisation to conduct the flights.
The Katter's Australian Party politicians are not accused of any wrongdoing.
Defence barrister Michael Hibble told the court his client was blinded by his love for his work.
"His love for aviation blinded him to the realities of what was required … and thus he's committed fraud," he said.
"He's a hard working person who put everything into Hoch Air."
The court had previously heard phone calls intercepted by police in which Hoch could be heard suggesting the Civil Aviation Safety Authority (CASA) knew he didn't have the correct licence.
"It was an open joke," Hoch was heard saying.
But in court during sentencing on Monday, Commonwealth Prosecutor Chris Moore said there was no evidence of any wrongdoing on behalf of CASA during the trial.
"No direct evidence that CASA was aware or approved of this conduct," Mr Moore said.
Hoch waved to his family members present in court as he was led away.
He is due to be released on November 15, 2024, and be subject to a good behaviour bond of four years.
