Huey aged 9, Luey aged 11 and Duey aged 13 went to spend the school holidays with their Uncle Mickey. Uncle Mickey was a pilot and usually flew a Boeing 747. Uncle Mickey decided to take Huey, Luey and Duey for a plane trip with him the next day, Saturday 12th May 2022. Mickey was supposed to fly the plane from Disneyland to Daisyland. On this day, Mickey was given a 737 to fly, as all the 747's were being inspected. Goofy, the aeroplane engineer had the responsibility of checking the aircraft for fuel, engine to be clear of any particles, all bolts to be tight as the bolts at times would become loose due to the speed of the plane, tire pressure and lifesaving equipment, in case of disasters or accidents. On 12th May 2022, Goofy was on leave and Jelly, the assistant engineer, had to check the plane. Jelly failed to check if all the bolts and screws were tight. The plane had just flown in from Hawaii; one of the bolts that joined the flap to the engine had become loose. Jelly was also lazy and did not check the tire pressure. The flight was ready to take off. Huey, Luey and Duey rushed to the steps leading up to the plane. They saw Jelly and said "Hi". Jelly was talking to another staff member and they heard Jelly saying that he has checked the fuel, but would not bother checking the bolts and tire pressure, as this was a brand new plane and it would be fine. Huey, Luey and Duey looked at each other, but ignored what they had heard and boarded the plane. They fastened their seatbelts and within five minutes, they were flying over Disneyland enjoying the view out of the window. They were all excited. The other passengers were all busy watching funny videos on the screens in front of them. Suddenly, the plane started shaking then the fasten seatbelt sign came on. Everyone panicked and held tightly onto their seats. Mickey made an announcement that they were passing an air pocket, which was causing the turbulence. The plane stabilised as it came out of the air pocket. Everyone relaxed, letting out a sigh of relief. Due to the turbulence, the bolt that joined the flaps to the engine became loose and the bolt fell off. Due to the speed of the plane, the screw also came off and was sucked into the right engine. This caused sparks to fly out of the engine and black smoke started coming out of the right engine. The passengers near to the right engine saw this and started screaming. Mickey saw the lights beeping on the right engine on the monitor in front of him; he knew that he had to make an emergency landing. Mickey announced that the passengers should get ready for an emergency landing. Mickey spotted a plain field in Dairyland, and brought the aircraft down. The tires were lowered and were about to touch the ground. As Jelly had not checked the tire pressure, as soon as the tires touched the ground they burst and the plane landed heavily causing the engine to go up in flames. Fortunately, the plane came to a halt and the passengers disembarked through the left exit, as quickly as they could. They all ran away from the plane; as soon as everyone was at a safe distance, the whole plane burst into flames. Huey, Luey and Duey were very scared. Mickey put his arms around them and told them all would be okay. They stared at the sight of the burning plane, with horror. 3 When the airline was informed of the incident, they called Goofy. Goofy called Jelly and told him what had happened to the plane. Jelly got alarmed and started crying and said, "I didn't do anything, it's all my fault!" The passengers sued Mickey and the airline in negligence and sought damages for the life threatening experience that they had been put through. Some passengers also sued for the nervous shock that they had suffered and the fear they now had of flying in aircrafts. The Plaintiff's Counsel wishes to call Huey, Luey and Duey, as their witnesses. They also wish to call Goofy, as their witness. The Plaintiffs want to call another witness, Engineer Duffy. Duffy has known Jelly for ten years and knew that Jelly was fired from his previous role, with the airdrome at Oceania, for negligence. Jelly was fired for not checking the fuel, bolts and screws and tire pressure for a 737 aircraft. The aircraft almost took off, but the pilot had read that the tire pressure was not normal and brought the plane back to have it properly checked. Upon checking the plane, and finding that it was not fit to fly, the Engineer had found that Jelly had not done his job and fired him on the spot. The Defendants Counsel wishes to call Jelly and Mickey as their witnesses. Jelly denies everything, and says in his evidence that he checked everything, including the tire pressure and bolts, before the plane took off. The Defendants also wish to raise the issue that Mickey has been a very careful and responsible pilot who always took care of the passengers, during the flight. a) State and discuss all the evidentiary issues that arise. Support your answer with case authorities. (14 marks) b) What approach would the prosecution take to get the evidence from Duffy and how would they used it. Support your answer with case authorities. (6 marks)