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Can you believe THIS????

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Old 11th Dec 2009, 09:18
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crwjerk
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Angry Can you believe THIS????

Garuda pilot's conviction quashed
 
Old 11th Dec 2009, 09:29
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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?
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Old 11th Dec 2009, 09:42
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Yes,
it is Indonesia after all. Its very believable.


Actually it would have been surprising had it not happened!
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Old 11th Dec 2009, 09:50
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One step forward, two steps back.
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Old 11th Dec 2009, 10:52
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To quote Frasier Crane (i think it was)...

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

dumbfounded...
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Old 11th Dec 2009, 10:57
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"The defendant tried to make a maximum effort as a captain to save the plane and the passengers,"
What a hero.

I can't believe that this guy's cock & bull story about an uncontrolled dive (ala QF A-330) actually paid off.
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Old 11th Dec 2009, 11:01
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So if the conviction was quashed can we expect to see the flight crew back in the air?
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Old 11th Dec 2009, 13:23
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I wonder how much the bribe was ?
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Old 11th Dec 2009, 13:25
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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.....
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Old 11th Dec 2009, 14:20
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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.
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Old 11th Dec 2009, 16:18
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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.
"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
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Old 11th Dec 2009, 19:38
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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.
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Old 11th Dec 2009, 19:48
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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.
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Old 11th Dec 2009, 19:49
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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
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Old 11th Dec 2009, 20:17
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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?
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Old 11th Dec 2009, 20:35
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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.
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Old 11th Dec 2009, 20:36
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Rather angry words here.

Garuda should have been prosecuted – Plane Talking
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Old 12th Dec 2009, 00:00
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Absolutely business as usual

No-one should be surprised at this.

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! (challenged the captains authority, causing the captain to lose face).
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Old 12th Dec 2009, 08:38
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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...
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Old 12th Dec 2009, 21:42
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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.

Last edited by kimir; 12th Dec 2009 at 22:35.
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