The eight-week trial of two aviation giants, aircraft manufacturer Airbus and French flag carrier Air France, for involuntary manslaughter in the crash of Air France flight 447 has concluded with an unexpected twist. French prosecutors have decided not to seek convictions against the two condemned companies.

The crash that claimed 228 lives

AF447 was a regularly scheduled commercial flight en route from Rio de Janeiro to Paris on June 1st, 2009. That fateful day, the aircraft operating the flight was a state-of-the-art modern Airbus A330-200 registered F-GZCP. The aircraft was approximately four years old and, at the time of the accident, had accumulated nearly 18,900 flying hours.

Onboard the modern aircraft were three flight crew, nine cabin crew, and 216 passengers, and it was a standard service until the aircraft disappeared from radar. No radio communication could be further established. Unfortunately, it would later be discovered that AF447 had plunged into the Atlantic Ocean mid-way into its flight, killing all 228 people onboard.

The final accident report from the Bureau of Enquiry and Analysis for Civil Aviation Safety (BEA) would eventually conclude that pilot error, coupled with technical malfunctions of the pitot tubes and faulty computer readings, led to the disaster. Given the official conclusion, there were several instances of continued finger-pointing between Airbus and Air France over whoever was to be rightfully blamed.

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Standing trial for involuntary manslaughter

For several years, the grieving families of the victims and pilots unions have been campaigning for a trial to seek justice for the 228 lives lost. Still, it was only in 2011 when their campaigns were heard as Airbus and Air France were initially charged with alleged manslaughter. The prosecutor at that time recommended that only the flag carrier stand trial.

Unfortunately, due to the lack of grounds to prosecute and judicial scrutiny, the charges against both companies were dropped in September 2019. The grieving families challenged the motion to dismiss the charges, and in May 2021, the Court of Appeals of Paris decided that both Airbus and Air France should face trial. The trial would happen more than a year later, in October 2022.

Airbus and Air France were charged with involuntary homicide for their part in the crash of AF447, and it was the first time that French companies were directly placed on trial after an air crash instead of individuals. Despite the fresh charges, both companies still maintained that they were not responsible for the crash and said the new charges should be dismissed again.

Unable to demonstrate guilt

The trial has been going on for over eight weeks, and several pieces of evidence were included, such as voice recordings of the final moments before the crash, and the official and final accident report, among others. Then on December 8th, the last day of trial hearings, the French prosecutors made the shocking announcement that they wouldn't seek convictions of Airbus or Air France over the crash of AF447.

The announcement came from the French prosecutors following a five-hour-long indictment hearing, and they highlighted that neither Airbus nor Air France committed any culpable negligence with concerns to training or informing the pilots about the pitot tube failure. The prosecutors continued their explanation by saying:

"Corporate guilt seems impossible for us to demonstrate. We know that this view is difficult to hear for the civil parties, but we are not in a position to demand the condemnation of Airbus and Air France. Instead, Airbus and Air France should be justified in believing at the material time that these training and procedures should have been sufficient to manage the situation of AF 447."

Upon hearing such a motion, several of the victims' families immediately displayed their anger and disgust in court as they called the prosecutors out for continuing to pin the blame primarily on the dead pilots. But even though the prosecutors moved to acquit Airbus and Air France of their charges, it does not instantly mean that the case is now closed and settled.

Awaiting the final verdict

Although the 13-year wait for justice seems to have a bleak end for the grieving families, not all is lost, even with the prosecutors' decision. The final ruling verdict will only be announced at a later date, as the judges take into consideration the entire eight weeks' worth of hearings, testimonies, and pieces of evidence.

If convicted, each company faces fines of up to €225,000 ($219,000) and possible damages to their reputations. No prison time will be involved as only the companies were on trial, not any individuals. But if not convicted, this trial will likely be the last time that Airbus and Air France will be charged with the crash of AF447.

Unless new evidence can surface, it's unlikely any French court will try the companies again. The new evidence would have should show that the companies were directly responsible or directly linked to the faulty pitot tubes and the crash itself, a task that seems nearly impossible given the efforts of the last decade. As things stand, Airbus and Air France look unlikely to be shouldering the primary blame for the crash.

Source: Bloomberg

• 

  Airbus

  Stock Code:

  AIR

  Date Founded:

  1970-12-18

  CEO:

  Guillaume Faury

  Headquarters Location:

  Toulouse, France

  Key Product Lines:

  Airbus A220, Airbus A320, Airbus A330, Airbus A340, Airbus A350, Airbus A380

  Business Type:

  Planemaker

• 

  Air France

  IATA/ICAO Code:

  AF/AFR

  Airline Type:

  Full Service Carrier

  Hub(s):

  Paris Charles De Gaulle Airport

  Year Founded:

  1933

  Alliance:

  SkyTeam

  Airline Group:

  Air France-KLM

  CEO:

  Anne Rigail

  Country:

  France