Now that we seem to be making progress, let me state the case for the defence, if I may.
It has been demonstrated, and accepted by ALL, that it is NOT POSSIBLE to state that the crew had been negligent PRIOR to waypoint change. (If IFR they quite possibly were negligent, if VFR, they may well NOT have been!) But we all agree, we don't know whether they were IFR, or VFR.
The evidence simply DOES NOT EXIST!
The crew may very well have been flying in VMC, and complying with the Visual Flight Rules (VFR) at that moment. This idea is confirmed by Stn Cdr RAF Odiham, who thought it quite likely.
We are then compelled to consider far more closely the period SUBSEQUENT to waypoint change, in order to assess the competence, or negligence of the crew.
This sadly, is rather problematic, since this period provides us with NO RECORDED INFORMATION WHATSOEVER!
We (and the BOI!) are left with ONLY a computer simulation (now largely discredited since the input data was so dissimilar to the accident aircraft!) to provide us with a POSSIBLE profile flown by ZD576!
I now remind you of the position of the Air Marshalls:
165. Both Sir John and Sir William accepted that the possibility of a control jam or engine malfunction could not be disproved. They were adamant however that the pilots were faced with no problem prior to the way point change and that their negligence in reaching that position was not mitigated by anything that might have happened thereafter (QQ 339, 1069-71).
I emphasise:
1) "THEIR NEGLIGENCE IN REACHING THAT POSITION WAS NOT MITIGATED BY ANYTHING THAT MIGHT HAVE HAPPENED THEREAFTER."
2) "BOTH SIR JOHN AND SIR WILLIAM ACCEPTED THAT THE POSSIBILITY OF A CONTROL JAM OR ENGINE MALFUNCTION COULD NOT BE DISPROVED "
Not to mention a previous quote from the BOI:
"There are issues which the Board were unable to totally discount (though apparently the Air Marshalls could!)
They were:
a. Spatial disorientation or visual illusion
b. An unregistered technical malfunction
(Which were common on this aircraft at this time!) - My comment
c. Human factors
Any of these are plausible explanations!"
"Absolutely no doubt whatsoever"??
If only they had a data recorder - But they didn't, did they!
Very many thanks to Brian, slj, Arkroyal, Walter, Pulse 1, and many others with an interest in justice.
Any response from JP, WOrkER, K52, flatiron?
Last edited by Tandemrotor; 20th Aug 2004 at 20:25.