Brazilian Criminalization of GOL Downing Denounced

The National Business Aviation Association (NBAA) and the Flight Safety Foundation (FSF) are only two of the aviation organizations highly critical of the Brazilian decision to pursue criminal charges against the pilots and air traffic controllers involved in the GOL 737 accident of September 2006. NBAA President and CEO Ed Bolen weighed in with: "We are disappointed that Brazilian police officials continue down the road of emphasizing 'criminalization' in the wake of last year's tragic accident, instead of recognizing the premium the international aviation community places on investigating the root causes of an accident, so that safety improvements can be made." FSF President and CEO Bill Voss reiterated the sentiment, saying: "We are deeply concerned that the criminalization of the investigation into the tragic accident of September 2006 could have a negative impact on aviation safety worldwide. We call on the police and other authorities to resist the pressure to prosecute and allow investigators to complete their work, so that the flying public can feel safe in the skies over Brazil and every other country." Brazil's Federal Police have concluded that the two American pilots of an Embraer Legacy 600 business jet should be held liable for the September 29, 2006 midair collision that brought down a Gol Airlines 737 over the Amazon. Police investigators determined pilots Joseph Lepore and Jan Paladino failed to notice the Legacy's ATC transponder was not transmitting until after the midair collision. However the police claim to have no jurisdiction over the military air traffic controllers, whilst conceding that they share the blame. The International Federation of Air Line Pilots Associations, which represents 100,000 pilots, said that under international aviation agreements, "there can be no criminal liability without intent. ... There does not seem to be any factual support for a finding that there was any intent by the Legacy crew to place their aircraft in danger." For the joint NBAA/FSF news release see: tinyurl.com/yu3pr6 and Related Story