For those who haven't yet got to page 182 of the 12Mb download, the AAIB comments make interesting reading. Doesn't sound like cricket to me:
F-BTSC - 25 july 2000 - 182 -
The UK Accredited Representative has made the following comments on the investigation
conducted by the Bureau Enquêtes Accidents. The section “AAIB Participation in the
Investigation” reflects the concerns with the manner in which the French judicial
authorities affected the technical investigation. In other areas, whilst the UK Accredited
Representative and his Advisors agree with the evidence presented in the BEA report, the
comments represent differences in the weighting of the conclusions.
AAIB Participation in the Investigation
Annex 13 to the Convention on International Civil Aviation (The Chicago Convention) sets
out inter alia the ‘International Standards and Recommended Practices’ for the conduct of
an aircraft accident investigation. The European Council Directive 94 / 56 / EC, which
came into force on 21 November 1994, established the fundamental principles governing
the investigation of civil aviation accidents and incidents within the European Union
States. This Directive embodied the provisions of Annex 13 into European legislation.
The United Kingdom, as the joint State of Design and Manufacture of the Concorde
aircraft, had rights of participation in the investigation as laid down in Annex 13 to the
Chicago Convention and EU Directive 94 / 56 / EC. The United Kingdom appointed an
Accredited Representative and Advisors from the Air Accidents Investigation Branch
(AAIB) to participate in the investigation conducted by the Bureau Enquêtes Accidents
(BEA) under the provisions of the ‘Convention’ and the ‘Directive’. The UK Accredited
Representative also appointed Technical Advisors representing the organisations with
design responsibility for airframe, engines and equipment and who were thus the best
qualified individuals to assist in the investigation. Co-operation between the BEA and the
AAIB enabled the AAIB to make an effective contribution to the investigation.
The French judicial authorities conducted a separate inquiry into the accident in parallel
with the BEA investigation. The manner in which the judicial investigation was conducted
presented major impediments to the AAIB’s participation in the technical investigation.
The difficulties encountered are listed below.
The French judicial authorities did not allow the AAIB Investigators to examine all
items of the wreckage (Annex 13 Chapter 5. 25b) or to participate in component
examinations (Annex 13, Chapter 5. 25g). For example, the judicial authorities:
a. Did not allow the AAIB investigators to examine the strip of metal
which burst the tyre, except very briefly.
b. Did not allow the AAIB investigators to examine that part of the tank
5 lower skin which was found on the runway, except very briefly.
c. Did not allow the AAIB investigators to participate in the
examination of most of the flight deck controls and instruments.
d. Did not allow the AAIB investigators to be systematically involved in
the examination of evidence.
The French judicial authorities did not allow the AAIB Investigators full access to
all relevant evidence as soon as possible. (Annex 13 Chapter 5. 25d). For
example, the judicial authorities:
a. Severely restricted access of Investigators to the crash site.
b. Withheld photographic evidence of the runway surface for 6 weeks.
This evidence later proved valuable in understanding the events on
the runway.
c. Significantly hindered the prompt examination of evidence. This
introduced significant delays to necessary safety actions.
The French judicial authorities specifically prohibited Advisors to the UK
Accredited Representative from participating in the examination of major
components for which the United Kingdom had primary airworthiness
responsibility. (Annex 13 Chapter 5. 25). For example,
a. The judicial authorities prohibited examination by the AAIB Advisors
of the engine bays and wing equipment bays (wing dry bays).
b. The judicial authorities prohibited examination by the AAIB Advisors
of the landing gear selector mechanism.
c. AAIB Investigators and their Advisors were offered access to a
limited number of examinations on the condition that they signed a
commitment to the judicial investigation. This confidentiality
agreement placed unacceptable restrictions on the use of the
subsequent evidence and was therefore not signed.
These obstructions to United Kingdom participation were in contravention with the State of
Occurrence’s obligations under the Chicago Convention (Annex 13). It is also in
contravention of the European Council Directive 94 / 56 / EC which states “investigators
should be able to complete their tasks unhindered”. Furthermore, the restrictions and
procedural delays imposed by the judicial authorities subverted the Directive requirement
that “air safety requires investigations to be carried out in the shortest possible time”.