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Old 8th Feb 2010, 19:24
  #267 (permalink)  
SLFinAZ
 
Join Date: Mar 2009
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Meanwhile, justice will be carried out without guesses. It will be carried out by competent people, within a structure of law which they understand

So you define "justice" as a preconceived idea of guilt that excludes multiple entities who's actions directly contributed to the incident under review?

You define "competent" how?

Who exactly are "they"?

My entire point here is that the "structure" of the law here is actually being shaped by the prosecutor not the 3 judge panel. In the end this is nothing other then an attempt to assign blame not "justice" or more importantly an unbiased search for the underlying truth.

So I'm a bit curious but we will start with one specific point. We have enough reasonable documentation that we can (for arguments sake) stipulate that 3 French fire fighters on station and observing the take off roll in a professional capacity will testify (if allowed) that they witnessed observable signs of a fire well before the plane reached the area of the FOD. Since this event clearly is unrelated to any potential damage from the FOD and unrelated to issues specific to the fuel tank puncture it would appear to exonerate both Continental and the other defendants from having primary responsibility for the tragedy.

As a second point it appears (even from the BEA report) that the tracking issues are separate from the tire failure itself. This issue led to the impact with the lighting and the related damage to the wheel well and possibly the engine failure. So if the source of the flame is sparks from the damage, the source of the engine failure is debris from the lighting fixtures and damage from the impact is what prevented the gear to be raised and contributed to the lack of safe operating speed being obtained then the root cause of the tragedy is in fact the lack of centerline tracking. After all the Dulles incident did not involve any fire.

So we have two alternative possibilities immediately at hand.

1) The "fire" predates the tire failure (or the failure occurred prior to FOD impact) or 2) that the tire failure was secondary to a bigger tracking problem that caused the structural damage that led to engine and landing gear failure and potentially would have caused a fuel puncture regardless but in the end was the causal event for the tragedy.

At this point your further opinion on how these very real questions are handled is not required. My believe (which I will gladly retract if needed) is that the judges will discount any and all technical alternatives not in line with the findings of the BEA report as speculative and inconclusive. Accordingly they will ignore such and rely entirely on the technical findings of the BEA report and apportion blame accordingly. So in the end there will be judgement....but no justice.
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