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Mr Pieter van Vollenhoven, head of the Dutch Safety Board, has so far thwarted the strident demands of the Dutch Public Prosecutor for access to, and control of the FDR & CVR. Basing his denial on Dutch law which allows such access only in case of terrorism or criminal acts.
The Public Prosecutor has an unpleasant record for this kind of behaviour*, but mr. van Vollenhoven is known for not giving in to the demands of expediency.
A majority in Dutch parliament, demonstrating their ignorance of the blame free reporting system and its benefits, is siding with the Public Prosecutor.
*
November 28, 2004, PH-BTC left the runway at Barcelona. post
It is considered that the accident probably happened because during the takeoff a bird strike broke one of the cables of the nose wheel steering system of the aircraft and jammed the other, which made that the nose wheels were rotated to the left during landing, causing a veering to the left that could not be arrested by full rudder deflection as the aircraft decelerated. The subsequent application of brakes and other actions by the crew could not avoid that the aircraft went outside the runway surface.
The damages to the aircraft were increased by the condition of the runway strip due to the airport construction works.
Contributing to the breaking of the cable was the fact that it was severely worn locally. The wear could be traced back to the incorrect application of grease to the cable system during maintenance. Despite the training and experience of the flight crew, they were unable to quickly recognize the possible cause of the deviation of the aircraft and to keep the aircraft on the runway.
The Dutch Public Prosecutor made a great and prolonged effort to prosecute the captain for having accepted an aircraft with a cable system where grease had been applied incorrectly during maintenance. Their efforts lead to nothing, but the attempt and its effects on the flight crew were not well received by the pilot community.