Auckland man Daniel William Baker convicted after laser hits cockpit of descending cargo plane

A simulated laser strike on an aircraft cockpit. The pilot of a cargo plane has described an explosion of green light when his 767 was hit in July 2022.

The pilot of a Boeing 767 coming into Auckland Airport said his cockpit “just sort of exploded into a bright green light” as it was hit by a high-powered laser.

The light entered the left side of the cockpit for one or two seconds as the crew of the DHL cargo plane prepared for landing.

The pilot avoided being hit directly in the eyes by lowering his seat.

Although not blinded by the light, he said the laser strike was a dangerous distraction at a critical phase of his descent at about 3am on July 29, 2022.

He was passing through 7000ft (2100m) over the Titirangi area of West Auckland and was about eight minutes from landing.

The laser was in the hands of an intoxicated Daniel William Baker, about 10km away at his home in Point Chevalier.

Baker was later convicted of endangering transport in relation to the laser strike on the 767.

He had another similar charge related to the police Eagle helicopter dismissed on a technicality.

Cargo plane landed safely

After the strike on the cargo plane, which landed safely, the Eagle helicopter went looking for the source of the laser beam, hovering over Baker’s house and then moving away.

One of the crew later told a court that the helicopter was lasered three times during these manoeuvres.

A DHL Boeing 767 cargo plane, similar to the one struck by a laser over Auckland in 2022.

Police officers on the ground went to Baker’s home and found the laser.

When they asked why he was shining it into the sky, he said he “thought there were drones in the area”.

Baker’s case went to a judge-alone trial in the Auckland District Court last year. Judge Mary-Beth Sharp said she was unwilling to infer that Baker deliberately aimed the laser at the plane.

However, she was satisfied that he had acted with “reckless disregard” – a finding that Baker would later focus on when he tried unsuccessfully to get his conviction overturned.

Since his district court trial in July last year, Baker has taken his case first to the High Court on appeal, which found against him, and to the Court of Appeal.

In the High Court, he tried to argue that Judge Sharp could not have been sure that he knew his actions were inherently dangerous.

But High Court Justice Michele Wilkinson-Smith said the district court judge had been “perfectly entitled” to come to the finding that Baker had acted recklessly.

This month, the Court of Appeal denied him leave to take the matter any further, meaning his conviction will stand.

Eagle tracked laser beam to Point Chevalier

The three court decisions in Baker’s case have revealed how the Eagle helicopter was able to pinpoint who was pointing the laser.

After the strike on the Boeing, the helicopter crew were immediately tasked with tracking the source of the beam.

When approaching the Westmere area, they saw the beam and followed it to identify a location in Point Chevalier before the laser was turned off.

It was then turned on and off again in quick succession, giving the helicopter crew time to identify which property it was coming from.

The evidence of one of the Eagle crew in the district court said it seemed as if the laser was “searching” for the helicopter.

The Eagle crew maintained observations on the property while officers on the ground were sent there.

During this time, they saw someone moving between a shed and the house.

The laser beam went on again just as the officers on the ground were arriving.

Baker was found in the house, with the laser.

Baker under influence of drink or drugs, or both

In the district court, Judge Sharp said Baker had been affected by drink or drugs.

“It is clear to me that the defendant was intoxicated, whether from alcohol or drugs or both, at the time that he was waving around his laser on this night,” she said in sentencing Baker to 12 months of intensive supervision.

“It was quite accidental that the laser beam struck the aircraft in question.

“That does not excuse Mr Baker’s actions because he did admit – not only to police on this occasion, but also whilst on bail pending sentence, when he was found in possession of another laser device – that he liked to use lasers to spot drones.

“His offending appears to be … accidental on this occasion, but equally of risk of causing extremely serious harm.

“Fortunately, it did not.”

Judge Sharp said Baker had struggled with addiction for some time and, on the night of the laser incident, he was also found in possession of 0.41g of methamphetamine, 4.81g of cannabis and a used meth pipe.

He pleaded guilty to drug possession charges, which were taken into account when he was sentenced to intensive supervision with conditions to do rehabilitation courses.

Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.