Can you believe THIS????

[crwjerk]

Garuda pilot's conviction quashed (http://news.ninemsn.com.au/article.aspx?id=982701)

[thrustpig]

In a place where politics is just a form of legalised robbery, everything has a price. Why should morality, justice or the right thing be excluded?

[blueloo]

Yes,
it is Indonesia after all. Its very believable.


Actually it would have been surprising had it not happened!

[Massey058]

One step forward, two steps back.

[PPRuNeUser0182]

To quote Frasier Crane (i think it was)...

"what colour is the sky in your world?"...

dumbfounded...:oh:

[psycho joe]

"The defendant tried to make a maximum effort as a captain to save the plane and the passengers,"

What a hero. :hmm:

I can't believe that this guy's cock & bull story about an uncontrolled dive (ala QF A-330) actually paid off. :ooh:

[rmcdonal]

So if the conviction was quashed can we expect to see the flight crew back in the air?

[John Citizen]

I wonder how much the bribe was ? :eek:

[YoDawg]

Yes:


''The defendant's rights, position and status therefore should be restored.''

The judgment means Captain Marwoto can return to flying

It must be Boeing's fault since he has been found not guilty by jungle court. Or the FO's fault.

DASH-8: There was an uproar about the Captain of ANZ 703 being charged with manslaughter after descending over 1100ft too low on approach and crashing near Palmerston North with four deaths as a result. Consistency, fellas.....

[Jamair]

Import a few kilos of grass = 25yrs in jail.

Kill 21 people = 6 months in jail.

Interesting legal system over there......reminds me why I stay here.

[Finn47]

Prosecutor to appeal, so it might not be over yet:

An appeal against that ruling will be filed within two weeks, said prosecutor Suharyawan, who like many Indonesians goes by one name. http://ads.pennlive.com/RealMedia/ads/adstream_nx.ads/www.pennlive.com/xml/story/ap/__///@StoryAd?x (http://ads.pennlive.com/RealMedia/ads/click_nx.ads/www.pennlive.com/xml/story/ap/__///@StoryAd?x)
"We believe that the conviction against him was right and all the evidence has proved it," Suharyawan said.Indonesian pilot in deadly crash wins court appeal - NewsFlash - PennLive.com (http://www.lehighvalleylive.com/newsflash/index.ssf?/base/international-18/126054343942940.xml&storylist=international)

[YoDawg]

Prosecutor to appeal, so it might not be over yet:

Captain Marwoto's lawyer, Mochtar Zuhdi, said the high court's decision could not be appealed.

Sounds like confusion reigns and even the learned counsel does not know the procedure. Marwoto will walk. Then fly.

Interesting legal system over there

Yes, Jamair, it is a corrupt, third world s**thole and it is just off our doorstep.

[4Greens]

From a safety point of view sending the pilot to gaol was counter productive. It meant that the processes within the airline were not examined. This would have included training, CRM, procedures laid down for action by the FO etc etc.

[mmciau]

Some bulletins state that it was the Jamair High Court.

Not knowing the full Indonesian Justice structure, is there an Indonesian High Court that sits above any regional court(s)?


Mike

[RedTBar]

The court said prosecutors had failed to prove Komar "officially and convincingly guilty of a crime".
Yet Corby was?

I wonder what would the verdict been if the aircraft was foreign registered and the captain a non Indonesian or god forbid an Australian?

[aerostatic]

Medical reasons aside (which presumably were ruled out quickly), the behaviour of this Garuda pilot went well beyond human error - reckless disregard is more like. He deserved to be convicted imo. WRT to the Ansett NZ accident, there was definitely a significant human error element to the accident, but no reckless disregard (except maybe from the management who were too tight fisted to get the landing gear problems sorted as a matter of priority... I could go on but I wont).

As far as the Indonesian system works, believe me a westerner is never likely to come to grips with it unless he/she has lived there for a while. The biggest mistake westerners make when dealing with a country like this is to assume that the same standards will be applied as back in their home country.

[denabol]

Rather angry words here.

Garuda should have been prosecuted – Plane Talking (http://blogs.crikey.com.au/planetalking/2009/12/12/garuda-should-have-been-prosecuted/)

[Di_Vosh]

No-one should be surprised at this. :ouch:

It was an Indonesian captain, tried in Indonesia, after all.

So if the conviction was quashed can we expect to see the flight crew back in the air?

Maaate, this is INDONESIA! The captain will be flying again within a few weeks.

The FO, OTOH, will probably never fly again! :yuk: (challenged the captains authority, causing the captain to lose face).

[PK-KAR]

I don't think the Capt. will be flying again in a few weeks...

The prosecution and defending arguments were in my opinion both weak and ridiculous.

Plus, many of you might not realize, there has been foreign pressure on the government to overturn the guilty verdict...

So, I guess the Legacy pilot that collided with the Gol 738 should have been found guilty too eh?

However, I do think the GA200 capt should not walk scott-free...

[kimir]

Pk- I think the point here is the other mid air incident you are referring to was an accident, with a string of events leading up to it. I don't believe the FDR/CVR should be used for prosecution in accident cases but in my mind this approach was suicidal, no accident, not pilot error. Driven by a mans ego not to admit he had stuffed up the arrival and started the approach to high and fast. He blatantly disregarded his F.O.'s input and the gpws callouts. The Garuda skipper continued an approach which could have only ended up one way. Anyone with half a brain would have been able to tell that. I hope he doesn't get his licence back, may be the only thing that changes the culture. Therefore it could be referred to as a VIOLATION not an error.

[GBV]

From a safety point of view sending the pilot to gaol was counter productive. It meant that the processes within the airline were not examined. This would have included training, CRM, procedures laid down for action by the FO etc etc.



So, I guess the Legacy pilot that collided with the Gol 738 should have been found guilty too eh?



The only two clever comments i read so far:ok:

[PK-KAR]

Based on recollection from the captain's colleagues (both his mates and his enemies), don't add up to:
Driven by a mans ego not to admit he had stuffed up the arrival and started the approach to high and fast.
He screwed up nonetheless, and paid for it regardless of the outcome of this case. He's not going to fly anymore.

As to the FO:
He blatantly disregarded his F.O.'s input
Which, according to the investigator I asked about the tone and volume, was not a loud reminder. Only a single "wah Capt, go around capt". The recollection from the FO's colleagues (both his mates and his enemies), point to a relatively unassertive person (one capt disliked his relative submissiveness). He screwed up nonetheless, and paid for it regardless of the outcome of this case... and oh, he decided to dunk the captain further for fear of being criminally charged himself by changing his testimony halfway through the court to "I don't recall a thing". I guess that cause Garuda to quickly decide, "OK, he's not gonna fly anymore with us!"

No prizes for correctly guessing which airlines will welcome these two with open arms! (that is if the DGCA haven't revoked their licenses). :oh:

(challenged the captains authority, causing the captain to lose face).
He's discharged from flying duty for doing failing to challenge the captain and taking over. Mind you, there are still those in Garuda who'd just love to kill F/Os who do challenge. Lucky those old style captain egomachismos weren't in the cockpit on some of the flights because otherwise GA would have an accident in Perth, and at least 2 other cities by now.

Medical reasons aside (which presumably were ruled out quickly),
Didn't enter the case at all... the defendant's argument was "pilots should be criminally prosecuted" using a warped translation of ICAO Annex 13 :ugh:

Sounds like confusion reigns and even the learned counsel does not know the procedure.
LOL! Despite not agreeing to the "guilty on all counts", Indeed, how he got hired for the case is beyond me! But then, how on earth the prosecutor can only get the judge to give a light sentence is beyond me as well! It's a sham from the beginning with the police intruding into the accident investigation! := The criminal investigation was spoilt from the beginning with the police's "overenthusiastic mistranslation" of the President's comments of "take all necessary measure to see if it was caused by terrorism". :D

Cr4ppy defending lawyer, cr4ppy prosecutor... Forget the sentence and appeal, let's call for a retrial! Let those who think he's guilty pray for a heavier sentence, and let those who think he shouldn't go to prison pray for a better defending lawyer! :E

From a safety point of view sending the pilot to gaol was counter productive. It meant that the processes within the airline were not examined. This would have included training, CRM, procedures laid down for action by the FO etc etc.
:ok:
1 accident had the crew stating to the accident investigators that they'd remain silent until they had guarantees that there would be no criminal investigations following their accident... and the police investigators were sent off the scene. :ok: (it was an overrun caused by technical malfunctions, severely injuring a bystander).

At least the new aviation law requires a higher hurdle test for criminal prosecution, although, the criminal act law still has yet to change... My God, you have a technical failure of your aircraft and your book says you can land on the runway, so if you overrun and hit a building, you can be criminally be charged under the criminal act law for "being negligent causing damage". :D:ugh:

But then... I guess the PPRuNe member's court have decided to just say... GUILTY! :} Watch out... the boogeyman hides himself well in the cockpit! :=