[Adrian B]

D Day for the Garuda Captain;

Herald Sun - Garuda crash pilot Marwoto Komar faces verdict over fatal crash - Article

INDONESIA'S pilots federation has pleaded for Garuda's Yogyakarta fatal crash pilot to be acquitted, more than two years after the disaster.

Five Australians were among 21 people killed in the crash.

A verdict is expected today in the case against Captain Marwoto, who is charged with criminal negligence in crashing the aircraft on March 7, 2007, The Australian reports.

Australian Federal Police officers Brice Steele and Mark Scott, AusAID country head Allison Sudradjat, Australian embassy public relations staffer Elizabeth O'Neill and Australian Financial Review journalist Morgan Mellish died in the crash.

Sydney Morning Herald reporter Cynthia Banham was seriously injured.

The Australians were all travelling to the central Java city in connection with a visit there by then foreign minister Alexander Downer.

Family members and friends of the victims plan to be in the court for today's verdict.

Prosecutors had initially asked for a maximum penalty of life in prison, arguing that Captain Marwoto deliberately crashed the Boeing 737-400, causing it to burst into flames after running off the end of the runway at Yogyakarta's Adisucipto airport.

However, they downgraded that charge towards the end of the trial, conceding they did not have enough evidence, and have settled on the lesser one of negligence, carrying a maximum penalty of seven years' prison.

But Manotar Napitupulu, from the Indonesian Pilots Federation, told The Australian it was already "a heavy enough penalty" that Captain Marwoto had had his pilot's licence revoked, and insisted any further sanctions should come from the transport department or from Garuda.

"We hope he will be set free, not jailed, that's clear," Captain Napitupulu said. "We view this as a matter that should not be a criminal issue, since if there's an error it should be dealt with by the Transport Ministry or by the relevant airline company.

"His licence has been revoked, that's the heaviest penalty possible for a pilot, there's nothing above that - so we hope the judges have the conscience andknowledge to set him free."