Yaroslavl Yak-42 accident scene

Relatives of the Yak-42 pilots involved in a fatal accident at Yaroslavl in September 2011 dispute the official findings on the causes of the accident in a Russian court.

On September 7, 2011 a Yakovlev 42 passenger jet carrying the Lokomotiv Yaroslavl ice hockey team crashed on takeoff. Forty-four occupants died; just one passenger survived the accident. The investigators of the MAK Interstate Aviation Committee (IAC) concluded amongst others that the wrong V1 speed had been calculated and that the airplane failed to accelerate because one of the pilots inadvertently pushed the brake pedals.

A document disputing the conclusions was submitted to the Zamoskvoretskiy court of Moscow. Relatives of  the captain and copilot believed, on the basis of “expert legal analysis”, that the crash investigation was conducted in violation of ICAO standards and recommended practices. In addition, according to defense, the Interstate Aviation Committee was interested in the outcome of the investigation.

The conclusion about the application of brake pedals was refuted because it was “not based on any legal documents”.  The document also challenged the findings that the airplane stalled due to a critical angle of attack because this    critical angle was not recorded by the flight data recorder.

More information:

• Interfax news article (in Russian)
• News release by the Law firm (in Russian)
• ASN Accident Description

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A French pilot was received a six months suspended sentence for causing an accident in Pau, France that killed one man on the ground.

On January 25, 2007 a Fokker 100 passenger jet, operated by French carrier Régional, overshot the end of the runway at Pau following an aborted takeoff. Upon crossing a road, the left main landing gear struck the cabin of a truck, killing the driver.

The BEA investigation concluded that “the accident resulted from a loss of control caused by the presence of ice contamination on the surface of the wings associated with insufficient consideration of the weather during the stopover, and by the rapid rotation pitch, a reflex reaction to a flight of birds.” BEA also noted as one of the contributing factors, that there was “limited awareness within the [French] aviation community regarding the risks associated with the icing on the ground and changes in the performance of the aircraft involved in this phenomenon”.

The pilot in command of the flight was being charged with  homicide and unintentional injuries. A criminal court in Pau decided on a six months suspended sentence and a 20.000 Euro fine for the airline.

Source: Sud-Ouest (3-1-2012)

More information:

• ASN Accident description

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Five defendants, accused of manslaughter in connection with the fatal Helios Airways Boeing 737 accident 2005  have been acquitted by a Court in Cyprus.

The Helios airplane crashed in Greece after all 121 aboard had become unconscious because the cabin had not pressurized. It was being argued that the defendants in the case did not prevent the aircraft to be flown by a captain and a co pilot who were described as inadequate or unsuitable, which  resulted in an unsafe flight. The defendants were Helios’ chief executive, the managing director, the operations manager, the chief pilot and Helios Airways itself as a legal entity. A total of 238 charges were made to each of the defendants.

“The fundamental link that connects the chain (of events) is missing, the connection between alleged negligence by the accused with the crash is also missing. Consequently, we conclude that there is no proof that the accused have violated any of their duties and/or that the violation of their duties was the cause of the damage,” the court ruling said as quoted by the Famagusta Gazette.

Source: Famagusta Gazette, Cyprus Mail.

More information:

• ASN Accident Description of Helios Flight 522

Filed under: Accident Criminalization by Harro Ranter
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NAV Canada, responsible for air traffic control, demands access to the cockpit voice recorder transcript of the Air France Airbus accident at Toronto in 2005. They claim to need the transcript to defend itself against a $200 million lawsuit brought by Air France.

In February 2005 an Air France Airbus A340 overran the runway on landing at Toronto-Pearson International Airport, ON (YYZ) in severe weather. The plane burst into flames, but all on board got out and no one was killed.

Air France and its insurers are suing NAV Canada, the Greater Toronto Airports Authority and the Attorney General of Canada, representing the federal environment and transportation departments, for loss of the plane and indemnity for all losses. NAV Canada alleges the pilots were negligent and needs the transcript to make its case.

The Toronto Star reports that the case is coming before the Ontario Court of Appeal. The newspaper reports that cvr transcripts are protected by Canadian federal legislation. A court, however, can order the transcripts to be disclosed to litigants when there is an overriding public interest.

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A Swedish pilot has been arrested by Dutch police at Amsterdam-Schiphol International Airport (AMS/EHAM) for flying commercial aircraft for 13 years with a fake licence.

The 41-year-old pilot was about to fly a Corendon Airlines Boeing 737 from Amsterdam, the Netherlands to Ankara-Esenboga Airport (ESB/LTAC), Turkey with 101 passengers on board when he was arrested. Dutch police were notified about the pilot by Swedish authorities.

Flight CAI202 was scheduled to leave Amsterdam at 23:30 on March 2 and departed 01:20 the same night after a relief pilot took over. The airplane involved was Boeing 737-4Q8 TC-TJC.

The pilot confessed he had been flying for 13 years on a false licence, accumulating at least 10,000 hours flying hours. The man did have a pilot’s licence, but it was no longer valid for passenger aircraft, so he had falsified it.
He had worked for airlines in Belgium, Great Britain and Italy. A lawyer for Corendon Airlines commented that the pilot had worked for the airline for the last two years and had “expertly misled the company with his false papers”.

Radio Netherlands Worldwide

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An Argentine court acquitted the president of LAPA, three executives and two former air force officials following a two-year trial. On Aug. 31, 1999, a Boeing 737 operated by LAPA crashed on take off from Buenos Aires-Aeroparque (AEP), killing 64 people.
The former director of operations and 737 line manager of LAPA received three-year suspended sentences. (Beunos Aires Herald)

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A French prosecutor has opened a criminal case against seven people over the 2007 fatal crash of an Air Moorea DHC-6 Twin Otter in French Polynesia.

Six employees of Air Moorea and the former head of French Polynesia’s civil aviation administration are to be probed for alleged involuntary homicide.

A BEA accident investigation found that the pilot lost control of the plane after the rupture of the elevator pitch-up control cable.. (Radio New Zealand International)

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The pilot of the Garuda Boeing 737-400 that crashed in Yogyakarta in March 2007 was found guilty of criminal negligence.
Prosecutors had sought a four-year jail term, but he was sentenced to two years in prison.
One of the panel of five judges remarked that the sentence was about the prevention of future accidents rather than revenge.
One of the judges dissented and said that he did not think the pilot should have been found guilty. (Sydney Morning Herald)

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The Italian flight safety board, ANSV, received a positive response from the Ministry of Justice regarding safety recommendation ANSV-10/888-06/1/A/08, issued following the accident involving a Piper PA-31 (I-POMO) on November 6th, 2006.

In particular, the Ministry of Justice invited the Directors of Public Prosecutions within the Appeal Courts to stipulate that, in the case of an accident involving an aircraft and immediately following the event, in compatibility with search and rescue activities, there shall be no tampering with or alteration of evidence before the arrival of the assigned ANSV investigators, in order not to compromise acquisition of evidences necessary to determine the cause. The ministry has also stated that, following any examinations, in compatibility with public safety requirements, the subsequent recovery of wreckage is also to be coordinated with ANSV personnel.

Nevertheless, the FDR/CVR data of the fatal Cessna Citation accident currently under investigation are still exclusively in the hands of the responsible judicial authority. (ANSV)

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Nearly 30 experienced Indonesian air traffic controllers have left their jobs to look for work abroad amid fears they could be targeted for criminal prosecution for accidents or mishaps, the Indonesian Air Traffic Controllers Association (IATCA) says.
The association’s chairman, Adrie Gunawan said the exodus was triggered by the prosecution of Garuda Indonesia pilot, who was commanding a Boeing 737 that crashed upon landing at Yogyakarta’s Adisucipto International Airport in March 2007, killing 21 people aboard. (The Jakarta Globe )

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