Prosecutors involved in the investigations into the crash of Singapore Airlines (SIA) SQ006 yesterday said they regard the pilots of the ill-fated flight as criminally liable.
They also rejected the argument that sparing air crews from criminal charges is international practice.
Meanwhile, the airline has hired Lee and Li Attorneys-at-Law (理律法務所), a prestigious Taiwan law firm, to defend the three pilots in the event that they face criminal charges.
The crash killed 82 of the 179 people on board the aircraft on Oct. 31. The pilots attempted to take off from a runway closed for repairs, slamming into construction machinery causing the plane to explode.
Huang Mou-shang (
Prosecutor Sung Kuo-yeh (
"Therefore, although we should take into consideration cases in which pilots were not charged, I don't think this will be our major concern in deciding whether to file charges," said Sung.
"The international aviation societies have misunderstood the idea of so-called international practice from the very beginning," Huang said. "International regulations only suggest that the aviation safety authorities -- not prosecutors -- should not consider the apportionment of blame as the purpose of investigations."
Sung and Huang both said that objections from international aviation associations will not influence their decisions on whether to file charges. "Taiwan is a sovereign state .? Why should Taiwan's judicial system exist at all if it is always to yield to opposition?" Sung asked.
"It is a matter of national dignity and our jurisdiction," Huang added. "I won't take this furor into account when handling the case. I think the air crash is identical to other cases involving criminal liability."
Huang said the Malaysian captain of the flight, Foong Chee Kong, and his Singaporean co-pilots Latiff Cyrano and Ng Kheng Leng, may face criminal charges of homicide on grounds of professional negligence. Conviction would carry a maximum five-year prison term, he said.
Prosecutors have barred the three from leaving Taiwan, arousing complaints from several international and domestic pilots' associations. Huang said prosecutors have not yet decided when to allow the three to leave. But he said the decision on whether to file suit against them will be taken before the Aviation Safety Councils' completion of its investigation, which will take at least one year. "Victims' families and the public can't wait that long," he said.
The law firm appointed by the airline refused to comment.
Aviation safety experts from many countries have said that the threat of criminal charges hampers the smooth flow of information needed to prevent future tragedies that have a great influence on many lives. They have argued that this is a widely accepted view internationally, except in nations that have not adopted "modern ideas."
Critics of the prosecutors have also said that the improvement of future aviation safety takes precedence over judicial proceedings.
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