PK-KAR
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!
I agree with your logic. An aviation accident is NEVER the result of the failure of one person or component of a system. It is usually the culmination of a series of failures in different areas that has led to safety margins being erroded to the point where an accident occurs.
Prosecution of flight crew or ground crew who have done their job in good faith and to the best of their ability will not help air safety at all. This will only lead to crew covering their tracks and not co-operating with investigators (Remember the Canadian Pacific collision in Sydney).
This is a slippery slope the Indonesian Govt has embarked upon. Indonesia's air safety record is appalling and Indonesian operators are, I believe, still banned from flying into the EU. The prosecution will do nothing to help their cause.