Investigation To Wrap Up In Just Over A Month
In an
investigation which has seen its share of criticism from aviation
organizations around the world, Brazilian authorities hint they may
finally have reached a conclusion regarding who (rather than what)
is to blame for the September 29 crash of Gol Airlines flight
1907.
Tamares Carvalho, spokesman for chief federal investigator
Renato Sayao confirmed on Monday, January 22,
earlier statements made by Sayao that US pilots Joseph Lepore
and Jan Paladino will likely share responsibility with Brazilian
air traffic controllers for the downed 737, which killed 154
people. The official investigation will conclude in a little over a
month.
Brazil's handling of the crash investigation has many in the
aviation community scratching their heads. In the US, crash
investigations focus on the how and why, primarily as a tool to
prevent further accidents. In this case, the Brazilian government
has focused on who is to blame, with the eventual goal of a
criminal prosecution. The threat of criminal proceedings has led to
finger-pointing and political maneuvering within the Brazilian
government, and sparked responses from many aviation
organizations (AOPA/IAOPA, NBAA, APA, etc.) urging it to
conduct a fair investigation devoid of criminality -- for safety's
sake.
It's all but a certainty the Embraer Legacy 600 bizjet Lepore
and Paladino were flying from the factory in Brazil to its new
owner in the US collided with the Gol 737, causing critical damage
to the airliner's wing. The bizjet landed safely minutes later with
all seven aboard unhurt. The question the investigation was to
answer is why were the two aircraft flying at the same
altitude?
Early Brazilian press reports all but accused Lepore and
Paladino of flying at the wrong altitude after turning off their
jet's transponder. Some speculated the pair were 'joyriding' with
the transponder off so ATC couldn't track their flight path. If
that's so, one would have to believe it was just
astronomically improbable bad luck which placed their aircraft in
precisely the wrong place at the wrong time.
Nevertheless, Brazilian authorities confiscated their passports
and forced the US pilots to remain in the country for 71 days while
the country's government agencies engaged in a major bout of finger
pointing and political maneuvering. Authorities in the South
American country relented just before Christmas allowing them to
return home. Before do so, however, the pair was hauled before a
police panel, charged with exposing an aircraft to danger,
questioned and force to promise to return and face the charge in
Brazilian court.
Investigators have seemed to focus on two major questions about
the crash: ATC claims the bizjet's transponder quit transmitting
before the crash, and a flight plan filed by Lepore and Paladino
before the ill-fated flight.
The flight plan indicated the Legacy would be flying at 36,000
feet for the leg during which the collision occurred. That would
jibe with ICAO guidelines suggesting even-numbered altitudes for
the direction of flight for that leg, but the collision occurred at
37,000 feet.
Local Brazilian press reports say recently obtained recordings
of the radio transcripts between Brazilian ATC and the US pilots
indicate Lepore and Paladino were directed to fly at 37,000
feet.
Meanwhile, Brazilian ATC says they weren't receiving signals
from the bizjet's transponder for 50 minutes before the
accident. Ronkonkoma, NY-based ExcelAire, the owner of the
Legacy bizjet, told the Associated Press its "pilots did not
intentionally or inadvertently disengage the Legacy’s
transponder or TCAS (anti-collision) system and that there was no
indication in the cockpit at any time during the flight that the
transponder or TCAS system were not operational."
The nexus of the case against Lepore and Paladino seems to be
Brazilian authorities' claim they should have noticed their
transponder wasn't working before the crash. They two face up to 12
years in prison if it's proved they acted purposefully in exposing
an aircraft to danger.
Brazilian air traffic controllers face the same charges --
for not diverting the Boeing jet when the Legacy's transponder
signal disappeared from their radars.
Carvalho told the Associated Press Brazilian controllers are all
members of the country's military, therefore federal police may
only submit evidence to military justice officials who would then
make the decision to prosecute.
According to press reports, the controllers handling the two
aircraft that night say they believed Lepore's and Paladino's jet
was at 36,000 feet.