1. Can the Captain, but then leave the first officer alone despite him failing in his duty too? No speed check? Not informing the Captain he didn't deploy the flaps as requested?
2. The accident investigation stated the captain suffered from fixation. Now, will such a finding in the criminal case be accepted by the court or not? if Not, it's a sham!
3. There is no "I am Captain therefore I am God" shown in the accident report. In fact, the F/O did not do enough to raise the attention of the captain of the impending danger (ie. F/O failed to recognize incapacity).
4. There is no intention to do harm in this case. The Captain was channeled in his attention in how to get on the ground but with minimum casualties. Stress levels and the fixation prevented his mind from realizng this was not the right thing to do.
5. No one seems to pick up the fact that JOG's operating license can actually be deemed invalid and therefore, the primary cause of death can be the negligence by the airport instead... Sorry, if JOG airport complied with the recommendations set out in its limited license release in 2005, leaving the paved surface at the reported 55kts would not result in the same extent of death!
ask yourselves if you would feel the same had a member of your family been killed on this flight?
I know 5 people on the flight, 2 were hospitalized... 1 was killed. Do they and the family of the person killed want people to go to prison because of this? No, they want to know why it happened. Those who want to redress the damage can do so through litigation... But then, most signed up to the "no litigation" papers from Garuda to take the damages payout.
Several litigation attempts have been thrown out in court, and I wonder if this criminal investigation will be accepted by the court.
Over the last 2 years, police attempts to criminalize air accidents have been quite bizzare over here!
Anyways, IFALPA has stated its concern, and everyone is wondering why the Captain has to be in confinement pending his trial. The police has said that they fear he would go missing or destroy evidence, something that even the minister of communications have doubted as the real reason. Why confine the guy if he's not endangering the public (there was no criminal intent causing the accident), and has been cooperative with both the accident and criminal investigations in the past? Political pressures from within and outside Indonesia on the police is strongly suspected. They're not even charging him on "committing a mistake resulting in an aircraft accident with loss of life", but has gone for manslaughter... perhaps for the heavier punishment...
PK-KAR