Yong also said that prosecutors should exercise some discretion. Yong said that the purpose of pursuing criminal charges is to prevent future crimes. But as is the case with many aviation accidents, unintentional human error is often the cause.
Kennedy said that prosecutors should use reasonable individual judgement instead of merely sticking to the rule book.
Kennedy also suggested that an "inter-agency rivalry" may exist between the Ministry of Justice and aviation experts. That may be why the ministry has refused to give up its right to conduct an investigation or file charges against the pilots.
"They want to be seen as having done something, as being in the lead, as not surrendering to any other agencies, such as the Aviation Safety Council," Kennedy said.
"In fact, the judicial system should not worry too much about decriminalizing pilots' error in the air accident. Pilots in general, compared to other transportation operators, are well trained and closely monitored. They're less likely to commit an intentional crime," Kennedy said.
"To make a general policy of not filing criminal charges against pilots is crucial, otherwise there's a greater chance for us to risk future aviation safety compared to miss punishing a seriously guilty pilot," he said.
Kennedy also criticized the Ministry of Justice for appealing to Taiwan's sense of nationalism in defending its right to probe the plane crash. He said the legal and aviation safety issues involved in the case have little to do with national sovereignty, a popular issue in Taiwan.
Taiwan may be subject to boycotts by pilots
Yong and many others have warned that if prosecutors insist on bringing charges, Taiwan may suffer from a boycott from pilots, hurting Taiwan's economic and diplomatic ties with the rest of the world.
The International Federation of Airline Pilots' Association, which represents more than 100,000 pilots from nearly 100 countries worldwide, has warned of such as boycott.
The federation, along with the Malaysia Airlines Pilots' Association, have asked that the three pilots be allowed to go home, saying keeping them here in Taiwan will do little to help the investigation.
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