Creamy:
But DJ wasn't prosecuted.
What is your point about Dr Aleck's stated views?
Firstly I know DJ wasn’t criminally prosecuted, if that enforcement approach was ever really an option it would have occurred almost instantaneously.
The early evidence chain that was assimilated (& the circumstantial evidence since), plus the fact that DJ was supposedly operating within a ‘just culture’ that was SMS, CAR217 & FRMS etc compliant, would never have supported such an approach...
{Note: Perhaps refer to Kharon’s posts at #1693, #1695 for the disconnect aspects of a working ‘just culture’ vs the PelAir case}
My point(s) in regards to the stated views by Dr Aleck are that they would appear to be in direct conflict with; (a) the 2010 MoU {of which the Doc was a principal architect}; and (b) the first real test case for that MoU which was the (supposedly) parallel investigation of the PelAir Norfolk ditching.
To paint the picture remember this…??
Meanwhile across town FF were realigning their ducks on the pond as per..
Internal CASA email (dated 4 February 2010) ATSB identification of a 'critical safety issue' may have ramification for CASA actions in relation to Mr James, received 10 October 2012;(PDF 913KB)
And by August 2010 the ‘fix’ was well and truly in place & eagerly supported by the MALIU, with his CAIR 09/3, & the Veger proposed AAT statement (see “K” post #1695)…
Internal CASA email regarding the discussion with the ATSB over the content of the ATSB report (dated 18 August 2010), received 10 October 2012;(PDF 1193KB)
{Comment: The following is interesting in light of the fact that CAIR 09/3 was never made publicly available until discovered in a CAsA attachment to their original AAI submission}
I also question whether in DJ’s case that the Doc’s comment..
… “that under Australian legislation, information you provide to the Australian Transport Safety Bureau (ATSB) can’t be used against you in criminal prosecution, civil litigation or administrative actions..”
...is in fact true, especially in light of the Fijian ATC transcript & the infamous 0801 METAR error that was originally (& conveniently) missed (by the FF expert investigators) in the CAIR 09/3 report and in the ATSB final report.
Maybe the stated views of the Doc are a true representation of his beliefs and values in regards to..‘Just culture and criminalisation of accidents’..??
However in the case of the PelAir ditching the other pieces (players) on the chessboard would seem to have differing and diverse opinions on the concepts of ‘just culture’ and the intended purpose/principals of the 2010 MOU…..more to follow..
Comment: Dr Aleck’s statement on page nine…“it’s a criminal offence, a very serious criminal offence, if you don’t report certain matters to the ATSB if required to..” is from personal experience a furphy…
I know of several instances where less than scrupulous Chief Pilots/Operators have threatened sanctions to flightcrew if they submitted factually correct, potentially embarrassing, safety incidents to the ATSB (in some cases the crew have been obliged to not report at all or else). Subsequently on reporting (confidentially) these matters to the relevant authorities no effective investigation nor action has been taken.