Tuesday, July 17, 2007

Kongressional Kapers

The Brazilian congress's Sears-catalogue-sized report on the accident is under translation. This is a report, heavily dependent on the previous Federal Police report, prepared by people who have no aviation expertise, and no special kowledge of what happened over the Amazon last Sept. 29.

Furthermore, these reports are by people who are willfully defying international aviation protocols that say it is improper to criminalize an aviation accident before the official, professional investigations are concluded.

Remember, however, that the authorities in Brazil do have motive, means and opportunity to abet the ongoing scapegoating of the American pilots.

Here is one small example of just how invincibly dishonest, or stupid (or both) this process is.
The Brazilian congress's report repeats the Federal Police mistranslations of portions of the pilot-to-pilot conversations on the cockpit voice recorder of the Legacy 600.

At the time stamp 19:20:32.6, co-pilot Jan Paladino says to captain Joe Lepore: "Get my sunglasses in the back. Mind if I do that?"

Lepore replies: "No, go ahead."

However, the Federal Police translated "No, go ahead" as "Don't proceed."

Now the congressional report goes one better and drops the question altogether and quotes only the sentence "Don't proceed" as a stand-alone exclamation, saying that it "reveals insecurity" in the operation of the plane.

The report itself, from what I've read so far, is a convoluted mess of obtuse definitions and harrumphing jurisdictional hair-splittings.

But every so often the report tosses a curve ball. Such as this preposterous assertion (oops, down the rabbit hole we go again) that, while a defendant's disinclination to answer prosecutorial questions is not to be seen as an indication of guilt, it is in fact an indication of guilt.

"Even though the legal system keeps any accused under the shelter of the principle of ample defense, which includes the right to silence, without allowing this to be interpreted against his defense, it is evident that positive law cannot impede that, intuitively, before each concrete case, one cannot conclude the blame of those who, using this legal prerogative, refuse to testify, because, if there was nothing against their conduct, they would not have motives to avoid speaking about the facts they witnessed, as happens with the Legacy pilots.

Therefore, it is evident that the deliberate silence of the North American pilots of the Legacy, can induce the conclusion of the existence of responsibility on their part in the tragic accident."

Say what?

(Translations via Richard Pedicinin in Sao Paulo)

--ends

8 comments:

wondering ego said...

I dont see a point in paying attention to this congressional report, as it can be readily discredited for any defense on the courts, if any court would take this into consideration. The only kind of report that should be taken into consideration to charge or not the pilots, the controllers or the responsible for the brazilian ATC should be one written be experts. Does anyone knows IF and WHEN the technical report will be available? Is there a technical team working on that?

PATRICIA M. said...

Joe, the Brazilian government just wants a scapegoat, and this scapegoat is the Legacy pilots.

So much so that another horrible accident happened today. NOW they do not have a scapegoat. Let's see what they are going to say to the population.

Alert: it is not safe AT ALL to fly in Brazil.

MR said...

Joe, I´m from Brazil and would like to state some thoughts about all this mess we´re dealing with.

Brazil has it´s problems, they´re not small. We have infrastructure problems, we have corruption, we have criminals, and the list goes on.

I truly believe the experience you had in Brazil´s Amazon Forrest airspace was mostly caused by the problems in our country. But the pilots are not excused. They have their share of guilty in this.

I fly around Brazil in a continuous basis, and had never had any incident or accident in 20 years.

What I really find awful is your way of speaking, forgeting about all wrong things done by americans in many ways. You guys are not perfect. We are not perfect. You don´t like flying in Brazil, ok. Don´t come here. Leave us alone. I don´t like being in USA, so I don´t go there.

Frederico said...

somes questions Mr. Sharkey:

- why the legacy transponder was 0FF ??? If it was ON the accident would never happened ...
- who turned OFF the legacy transponder ? the brazilian pilots ? the brazilian flight controllers ? no ... the legacy pilots ... why ?
- the legacy pilots saved your life, but 154 brazilians died.

More respect selfish man ...

Frederico Sokolowski - BRASIL

Cassandra_Moderna said...

I have to admit that last night I sent a text message to a friend's cell phone saying that I was sure glad that plane was not a Boeing.

Bo said...

To:

Frederico the ignorant!!!

Firstly Frederico, if you've been followed the testimony in front of the Brazilian senate you would've heard that a brazilian seargent working for ATC testified that the day of the crash they were having problems with the radar in the very area of the crash and they may encounter problems picking up transponder signals!!!

But this aside, EVEN IF the american accidentally turned off the transponder, only an idiotic fool such as yourself could ever believe that a pilot would PURPOSEFULLY turn off a transponder to endanger not only other peoples lives...but HIS life as well, Air Traffic Controllers are responsible for communicating with pilots to alert them their transponder is not functioning....AND, the brazilian ATC's were aware of this fact for 50 MINUTES PRIOR TO THE ACCIDENT and didn't communicate with the Legacy pilots......why not?

Marcos said...

Mr Sharkey please respond: Would it be fair to say that if (or when) another terrorist incident happen in US, we can assume US didn't do it's homework as well?
Who to blame about 9/11? Who to blame about the next?

Bo said...

Marcos:


Can you make the distinction between terrorists attacking a country and a country completing ignoring and denying hundreds of different warning signs and testimony from dozens up dozens of professionals concerning air safety in brazil??

These accidents could've been easily avoidable! Now, let's see the families that lost loved ones yesterday sue the brazilian gov't. like they're suing the american gov't. for the accident that happened last year!

Wonder why they're only suing the american gov't. in response to the wreck last year? LOL...we all know why! The Brazilian justice system would laugh in their face!

How many brazilians are murdered every year by brazilian police and death squads and don't receive so much as a "cesta basica"!