Swiftair Found Guilty of Corporate Manslaughter in 2014 Mali Air Crash
Paris Court Verdict and Aftermath
By Makini Brice, Tim Hepher and Juliette Jabkhiro
PARIS, Sept 28 (Reuters) - The Paris Criminal Court found Spanish company Swiftair guilty of corporate manslaughter on Monday over the 2014 crash of an Air Algerie flight that killed 116 people in northern Mali.
Background of the Case
Swiftair, which had been sub-contracted to operate the flight on behalf of the Algerian carrier, denied the charges and attempted to have the case halted at the trial's opening on the grounds that a Spanish court had already dropped the case.
French Court Proceedings
However, a French judge ordered the company to pay the maximum fine in France of €225,000 for corporate manslaughter, "or involuntary homicide," after a three-week trial earlier this year over the crash of a Swiftair-owned MD-83 airliner.
Reaction from Victims' Families
"This ruling comes as a relief to families who have been fighting for more than (12) years for justice to be done," said Sebastien Busy, a lawyer representing a group of relatives.
"Families now expect Swiftair to assume its responsibilities and accept this decision," he told Reuters.
Swiftair's Response
Swiftair, which has 10 days to appeal, reiterated in a statement that it should not have been held liable and that safety regulations had been followed.
"We will take the time to examine the decision attentively with our legal advisers before determining our eventual next steps," the company said.
Details of the 2014 Crash
Air Algerie Flight AH5017 hit the ground less than an hour after it left the Burkinabe capital of Ouagadougou for Algiers, killing everyone on board.
Investigators later said the aircraft went into a stall when it was hit by ice as an anti-icing system remained switched off.
Rare Corporate Manslaughter Trial
Allegations of Negligence
During the rare corporate manslaughter trial in France, prosecutors alleged negligence in the way Swiftair pilots were trained to deal with icy conditions and erratic data.
Swiftair's Defense
Swiftair, which was founded in 1986 as a cargo firm and 'wet lease' airline flying for other carriers that sell tickets for passengers, blamed shortcomings in regulation and manuals.
Court's Judgement on Training
In Monday's judgement, the court rejected some prosecution arguments about poor training but said the captain had not had a proper proficiency check and the crew had not had the required number of refresher flights after a period of inactivity.
Precedent and Broader Implications
Previous Corporate Manslaughter Cases
Monday's ruling marks the second time an airline has been found guilty of corporate manslaughter in France after Air France and Airbus were both declared guilty in May over the 2009 crash of a jetliner en route from Rio de Janeiro to Paris, killing all 228 people on board.
Appeals and Ongoing Legal Proceedings
Both companies have appealed to France's highest court and are due to file arguments in coming days, with the case heading for a third full trial if May's appeals verdict is overturned.
Significance of the Fine
The €225,000 maximum fine in such cases has often been criticised as a token penalty, but groups of victims' families in both accidents have said they are fighting for vindication after waging legal marathons through the courts.
(Reporting by Makini Brice, Tim Hepher and Juliette Jabkhiro; Editing by Mark Potter, Alexander Smith and Richard Lough)