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POLICE

Air France and Airbus face trial over 2009 Rio-Paris disaster

Air France and aircraft maker Airbus go on trial in Paris on Monday on charges of involuntary manslaughter in the 2009 crash of a flight from Brazil, killing all 228 people aboard.

Air France and Airbus face trial over 2009 Rio-Paris disaster
An Air France's Airbus A321 takes off in Nice airport on the French riviera city of Nice, on July 2, 2021. (Photo by Valery HACHE / AFP)

The case focuses on alleged insufficient pilot training and a defective speed monitoring probe, which was quickly replaced on planes worldwide in the months after the accident.

Flight AF 447 from Rio de Janeiro to Paris plunged into the Atlantic Ocean during a storm in the early hours of June 1, 2009, when it stalled after entering a zone of strong turbulence.

The Airbus A330 was carrying 12 crew members and 216 passengers, including 61 French. It was the carrier’s deadliest crash.

Debris was found in the following days but it took nearly two years to locate the bulk of the fuselage and recover the “black box” flight recorders.

Air France and Airbus were charged as the inquiry progressed, with experts determining the crash resulted from mistakes made by pilots disorientated by so-called Pitot speed-monitoring tubes that had frozen over in thick cloud.

Both companies have denied any criminal negligence, and investigating magistrates overseeing the case dropped the charges in 2019, attributing the crash mainly to pilot error. That decision infuriated victims’ families, and in 2021 a Paris appeals court ruled there was sufficient evidence to allow a trial to go ahead.

“Air France… will continue to demonstrate that it did not commit any criminal negligence that caused this accident, and will request an acquittal,” the airline said in a statement.

Airbus, maker of the A330 jet that had been put into service just four years before the accident, declined to comment ahead of the trial but has also denied any criminal negligence.

They each face a maximum fine of 225,000 euros ($220,000).

‘Lost our speeds’

The court will hear testimony from dozens of aviation experts and pilots, along with second-by-second details of the final minutes in the cockpit before the plane went into free-fall.

As it approached the Equator en route for Paris, the plane entered a so-called “intertropical convergence zone” that often produces volatile storms with heavy precipitation.

Around this time the captain, 58, handed over to his 32-year-old senior co-pilot and went to bed, with the second co-pilot sharing the controls.

READ ALSO: Air France suspends two pilots who came to blows in mid-air

To avoid the worst of the storm they veered off route to the left and slowed their speed, having warned the crew of coming turbulence.

Shortly after the automatic pilot functions stopped working, just as the Pitot tubes froze over, leaving the pilots with no clear speed readings.
“We’ve lost our speeds,” one co-pilot is heard saying in the flight recordings, before other indicators mistakenly show a loss of altitude, and a series of alarm messages appear on the cockpit screens.

A picture shows undersea images released by France’s Bureau of Investigation and Analysis (BEA) of the crashed body and delta wing of the Airbus A330 that crashed in the Atlantic on June 1, 2009 en route from Rio de Janeiro to Paris. (Photo by PATRICK KOVARIK / AFP)

The pilots quickly point the nose of the plane higher to start climbing, but soon a “STALL” alert sounds once, then pauses, then sounds nonstop for 54 seconds.

The plane keeps climbing, engines at the max, and reaches 11,600 metres (38,060 feet) before the stall begins. “I don’t know what’s happening,” one of the pilots says. At this point the captain is back in the cockpit trying to help but the plane is falling rapidly, at 3,000 metres per minute.

“Am I descending?” the senior co-pilot asks. “No, now you’re climbing,” the captain answers. The recordings then stop, four minutes and 30 seconds after the Pitot tubes froze.

‘The human element’

Testimony will also be heard from some of the victims’ family members, 476 of whom are civil plaintiffs in the case.

“It’s going to be a very technical trial… but our goal is also to re-introduce the human element,” said Alain Jakubowicz, a lawyer for the victims’ group Entraide et Solidarite (Mutual Aid and Solidarity).

Its president, Daniele Lamy, said that instead of trying to pin the blame on the pilots, “We want this trial to be that of Airbus and Air France.”
“We expect an impartial and exemplary trial so that this never happens again, and that as a result the two defendants will make safety their priority instead of only profitability,” she said.

But Nelson Faria Marinho, president of the Brazilian association of victims’ relatives, said, “I’m not expecting anything from this trial.” His 40-year-old son, also named Nelson, perished on his way to an oil industry job in Angola.

“Even if there is a conviction, who will be punished? The CEOs? They were changed at Airbus and Air France a long time ago,” he told AFP during an interview at his Rio home.

Despite having travelled to France 18 times to meet authorities and investigators, Faria Marinho will not be at the trial. He will be represented by former French pilot Gerard Arnoux, who has advised several of the victims’ families and wrote a book titled “Rio-Paris Is Not Responding: AF447, the Crash that Should Not Have Happened”.

“The French government isn’t going to pay for the trip, and the tickets are much too expensive. I’m retired and don’t have the resources,” he said. “But if I could, I would.”

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POLICE

French authorities raid Goodyear tyre sites in ‘involuntary homicide’ probe

Investigators were on Tuesday searching three European sites belonging to American tyre giant Goodyear, French prosecutors said, as part of an "involuntary homicides" probe of crashes caused by burst truck tyres.

French authorities raid Goodyear tyre sites in 'involuntary homicide' probe

“Simultaneous searches, mostly digital, began on Tuesday morning at Goodyear in France, in Luxembourg and at the company’s European HQ in Brussels,” said Etienne Manteaux, prosecutor in Besancon in eastern France.

An investigating magistrate in Besancon had issued a request for international assistance, Manteaux said.

“The aim of these searches is to find out how much Goodyear knew about how dangerous the Marathon LHS II and Marathon LHS II+ tyres were and how many incidents it was made aware of,” Manteaux told AFP.

Goodyear confirmed it was subject to searches and told AFP it was “cooperating fully” with the authorities.

Two truck drivers were killed on France’s A36 motorway in July 2014 when one of them lost control of his vehicle when his tyres burst.

Sophie Rollet, whose husband Jean-Paul died in the accident, filed a criminal complaint against Goodyear in 2016 after carrying out her own investigation.

The case is one of three under investigation by Besancon magistrates involving trucks equipped with the Goodyear tyre models under suspicion, in which a total of four people died.

All were caused by the front left tyre bursting, causing the drivers to lose control, according to investigators.

In each case, independent experts found that the tyres failed due to manufacturing defects in the metallic bands holding them together and the detachment of the tread.

Four more crash cases dating to 2011-14 have been added to the probe, although they are past the statute of limitations.

“Goodyear has never acknowledged a safety issue” even when pushed by truck builders Scania and Man, Manteaux said, while the manufacturers themselves urged operators to replace the affected tyres.

The company nevertheless launched an exchange programme for customers, dubbed “Tango”, in 2014, he added.

Goodyear “could have done a recall campaign, but this was a sales exchange: many companies didn’t respond because they weren’t told there was a safety problem,” Manteaux said.

“If a recall programme had been put in place, one might think these people (who died after March 2014) might still be alive,” he added.

A similar exchange scheme had been set up in Spain as early as 2013, Manteaux noted.

He added that a whistleblower had sent prosecutors “elements from Goodyear about compensation claims opened after similar incidents.

“There are many of them, in many European countries”.

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