Verdict on Gardua Captain due today

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"His licence has been revoked, that's the heaviest penalty possible for a pilot, there's nothing above that - so we hope the judges have the conscience andknowledge to set him free."

[NickN]

so we hope the judges have the conscience andknowledge to set him free

Personally I would think letting him go free would be an insult to the families of those who perished.

[KrishnaM]

Just being reported that he has been found guilty of criminal negligence and jailed for two years

[Rhys Xanthis]

Originally Posted by KrishnaM

Just being reported that he has been found guilty of criminal negligence and jailed for two years

Originally Posted by ABC

The pilot of a Garuda jet which crashed in Yoyakarta two years ago, killing 21 people including five Australians, has been sentenced to two years in jail.

Former senior Garuda pilot Marwoto Komar was accused of negligently causing the deaths of 21 people when he ignored 15 automated cockpit warnings and attempted to land a Boeing 737 jet at Yogyakarta Airport at almost twice the normal landing speed.

Garuda Flight 200 bounced off the runway and slammed into an embankment before breaking apart and catching fire.

Prosecutors were seeking a four-year jail term for Komar.

Five Australians were among those killed, including a diplomat, an AusAID official, two Australian federal policemen and a journalist for the Australian Financial Review.

http://www.abc.net.au/news/stories/2...?section=world

[Greg McDonald]

So, after being found guilty of taking 21 lives through negligence, he gets just over one month per life. Standard Indonesian justice me thinks!! And to make matters even more interesting, he wasn't even ordered to jail....that has to come from a higher court!! Unbelievable

[Owen H]

I'm not sure I personally see what a jail sentence for the pilot will do. It is far more important to encourage open reporting and tackle the real root of the problem than jeapodise future investigations by involving the criminal courts.

[Montague S]

Spot on!

[Stephen B]

This is to Owen H and Montague S, and all the other people out there who agree with them. This is now the third time I've asked this question, and so far no-one has replied.

Could you please explain to me exactly what are the differences in responsibility and liability between the driver of a car and a pilot?

You are suggesting that even though this pilot has been found to be the cause of this aircraft crashing and being destroyed resulting in numerous injuries and 21 deaths, he (and by association all other pilots) should bear no legal responsibility at all.

How can you possibly say this? Please, you've stated your opinion, can you please justify it?

You talk about having a culture of open reporting of issues by aircrew, and blame management pressures for pilots flying dangerously. Why don't you report these bad management pressures to the regulatory authorities then???

[Adrian B]

I am guessing that the regulatory bodies behind Indonesia Aviation are not as 'tough' as other nations. For those familiar with Underbelly, I am also guessing that there is a fair bit of 'drinks for the boys' as well....

[Gareth Forwood]

Just going on from Adrian's post...

Indonesia has suffered a string of airline disasters in recent years, raising concerns about safety and prompting the European Union to ban all Indonesian airlines from its airspace.

Also from http://www.abc.net.au/news/stories/2...?section=world

I also agree with Stephen on this, if all the evidence proves that the pilot was negligent, why should he/she not be subject to criminal prosecution? I can understand that the purpose of the investigation is to increase safety in the aviation industry, but my understanding is that in most commercial aircraft incidents there is enough solid data (from data recorders, radar and voice recorders etc) to give investigators a clear picture of what happened before they even need to speak to the pilots.

I just don't see how it is any different to a bus driver crashing purely from negligence. If it is a fault with equipment, then of course the pilot should not be held liable - but if it is clearly the pilot's fault that the plane crashed then he/she should be criminally tried.