This judicial decision goes against ICAO Annex 13:
Quote:
The sole purpose of the investigation of an accident shall be the prevention of accidents and incidents. It is not the purpose of this activity to apportion blame or liability.
I would have thought this principal should remain at the forefront. If, after the accident investigation is completed, there are parties who consider a criminal act has occurred, then the data can be handed over to the relevant authorities to contemplate any action. This should not happen before-hand and so stifle the more critical accident investigation.
One could then bring in a legal scenario: suppose the investigation is focused on criminal; activity and not finding the root cause. This process will delay in discovering the 'what & how, perhaps why' of it all. Eventually it is discovered that a design or procedural fault is at play. There is a repeat accident for the very same reason, but the findings were delayed because the controlling investigator was a police force not an expert aviation body. The victims of the 2nd crash might have a case to bring against the authority who delayed in the findings of the 1st crash.
This scenario might be one for the lawyers to comment on.