Serendipity
I wasn't involved in the case so don't know, but there may well be force in what you say. I don't think any useful purpose was served by prosecuting and it appears to have resulted in the tragic loss of a life.
I have discussed the case with two people (separately), one of whom was very senior in BA and the other very senior in the CAA at the relevant time. They both thought the prosecution was justified because Captain Stewart wouldn't admit what he had done was wrong. Although I have enormous respect for both of them, I was unpersuaded that it was a good reason. Why should he if he didn't think he had? Even if convicted (which he was), it was very unlikely to change his view.
That case may (I don't know) have been an illustration of the problems caused by the risk of prosecution. I do know from experience that pilots under criminal investigation and at risk of being prosecuted are, understandably and reasonably, cautious about what they say. An open discussion from which things may be learnt can only take place if there is no risk of prosecution. There is a very real risk that prosecuting does little or nothing to enhance flight safety, and can have precisely the opposite effect.
FL
Last edited by Flying Lawyer; 6th Jan 2007 at 20:36.