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Old 5th Apr 2012, 13:28
  #198 (permalink)  
aterpster
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Machinbird:

Probably a small point, but ifCapt Osbon was initially responsible for the aircraft as aircraft commander asit departed, was he ever formally relieved of his duties (other than by beingoverpowered)? If not, it would be understandable that he would react physicallyto the unexplained (to him) assault on his person and the usurping of hisauthority. This would weaken the Federal case against him.

Granted, it appears completely necessary that he needed to be removed fromcommand given his mental state, and it it would have been foolish for thecopilot to personally address the Captain under the circumstances in thataircraft to formally relieve him. It is just that the legal case against himmay be flawed by these events.
Read the link I posted to the chargingdocument and affidavit supporting the charging. The F/O had no choice other than to do what he did. An incapacitated PIC can no longer act as PIC.
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