quarta-feira, 13 de janeiro de 2010

Flight 1907: Lawyer for accident victims' families believe crimes will proscribe

Flight 1907: Lawyer for accident victims' families believe crimes will proscribe

The complexity of the trial against the North American pilots of the LEgacy jet and the Brazilian air traffic controllers involved in the accident with the Gol Boeing, in September of 2006, between Manaus and Brasilia, may result in the proscription of the crimes described in the indictment hand in by the Federal Prosecutors' Office (MPF). This is the evaluation of the lawyer of the Association of Friends and Relatives of the Victims of Flight 1907, Dante D'Aquino.

In an interview to the program Revista Brasil, of Rádio Nacional, the lawyer explained that the absolution of the professions, in December 2008 of the accusation of negligence, which should be questioned in a judgment this Tuesday afternoon, does not annul the other accusation, as the trial in the case of citation of the pilots in the United States, which is also underway in the Federal Court in Mato Grosso.

"Independent of the result [of today's judgment of the appeal against the absolutions], the American pilots will continue to respond for the other crimes and accusations made in the indictment, which would be, essentially, the crime of an attack on the safety of air traffic", he affirmed.

As the family's lawyer explained, the possibility is great that the statute of limitations will run out on the crimes as well because of the inexistence of an effective sentence by which can be estimated the maximum time for the judgment. According to D'Aquino, in this case, the extinction of punibility will occur in four years, considering the minimum penalty, and in eight years, in case of the maximum sentence for the pilots.

"It is difficult for use to estimate if it will take a long time (until the conclusion of the case). The cause is complex, it involves several parts, and the risk of proscription is a real risk, however we are alert and are trying as much as we can to avoid manoeuvres which can bring the case to proscription", he said.

On September 29 of this year, the accident reached its third anniversary. The indictment by the MPF was received two years ago, according to the lawyer. IN all, 154 people died in the accident.

According to the report by the Center for the Investigation and Prevention of Aeronautic Accidents (Cenipa) the accident was caused, among other facts, by the inattention and inexperience of the North American pilots. Also the Brazilian air traffic controllers were also indicated as responsible for the accident by transmitting an incorrect flight authorization and not acting on noting the aircraft incorrect altitude for the route.

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