The National Business Aviation Association (NBAA) and the Flight Safety Foundation (FSF) have denounced the decision by Brazilian federal police to assign criminal responsibility to the two pilots of the Embraer Legacy business jet involved last September’s fatal mid-air collision with a Gol Airlines Boeing 737-800.
The two organisations join a growing chorus of opposition to the police’s recommendation to prosecute the pilots – a decision which has “outraged” the International Federation of Air Line Pilots.
"We are disappointed that Brazilian police officials continue down the road of emphasising 'criminalisation' in the wake of last year's tragic accident, instead of recognizing the premium the international aviation community places on investigating the root causes of an accident, so that safety improvements can be made," says NBAA president and chief executive Ed Bolen.
FSF president and chief executive Bill Voss echoes Bolen's statement. "We are deeply concerned that the criminalisation of the investigation into the tragic accident of September 2006 could have a negative impact on aviation safety worldwide. We call on the police and other authorities to resist the pressure to prosecute and allow investigators to complete their work, so that the flying public can feel safe in the skies over Brazil and every other country."
Bolen and Voss state that the police’s decision has the potential to set a precedent for criminal charges to be applied to any pilot or party involved in international aviation accidents or incidents, “in effect causing parties in accidents to hide information that is essential to improving safety,” they say.
Bolen and Voss stress the decision to indict the Legacy pilots prior to the conclusion of the safety-oriented aviation accident investigation does not reflect a fair or balanced view of all factors involved in the accident.
Voss adds: "We recognise the need to ultimately see justice served. However, because the Brazilians have elected to proceed with a criminal investigation without the benefit of having concluded an objective aviation safety investigation, we are very concerned about whether any judicial proceedings could be conducted in a balanced or impartial fashion."
Source: Flight International
