Air France and Airbus found not guilty in downed AF447 case

In mid-2009, the world was shocked by the devastating Air France Flight 447 crash that took the lives of all 228 people on board.

Air France and Airbus found not guilty in downed AF447 case
A fuselage section of an Airbus A320-family aircraft is transported at the Airbus facility in Montoir-de-Bretagne near Saint-Nazaire, France, July 1, 2020. REUTERS/Stephane Mahe/File Photo

The backstory: In mid-2009, the world was shocked by the devastating Air France Flight 447 crash that took the lives of all 228 people on board. The cause of the crash was determined to be a combination of Airbus' failure to notice issues in plane speed indicators and to inform the pilots of earlier incidents, as well as pilot error.

At first, the Brazilian government dismissed the possibility of the plane exploding while it was in the air, but investigators said messages from the plane suggested otherwise. Instead, these messages indicate the aircraft had electrical failure before breaking apart and crashing into the Atlantic off the coast of Brazil. This disaster sparked global dialogue in the aviation industry, leading to several technical and training modifications.

More recently: Airbus and Air France dodged a legal bullet in 2019 when prosecutors dropped charges against the two European planemakers because investigators couldn't decide who to point the finger at. Two years later, though, a Paris appeals court overturned the decision and ordered the two companies to stand trial for criminal charges in the accident. Both Air France and Airbus pleaded not guilty to involuntary manslaughter. And, if the companies were found guilty, they'd face a maximum fine of €225,000 (US$246,000).

The development: On Monday, a French court cleared Air France and Airbus of the manslaughter charges. Basically, the court found that while there were four acts of negligence by Airbus and one by Air France, it wasn't enough to establish criminal liability under French law. But the court did say both companies are still civilly responsible for damages from the crash.

During the trial, the external "pitot tubes" that generate flight speed readings were the main focus. But the companies blamed pilot error for the tragic crash.

Key comments:

"We expected an impartial judgment; this was not the case. We are disgusted," said Daniele Lamy, president of the association that represents the victims. "All that remains of these 14 years of waiting is despair, dismay and anger," she was quoted as saying by the AFP news agency.

"The loser first and foremost is French justice," said Lamy to journalists in the Paris courthouse.

"A probable causal link isn't sufficient to characterize an offence," said the judge in her 30-minute judgment.

"Our lost ones have died a second time. I feel sick," said Claire Durousseau, who had lost her niece in the 2009 crash.

"The court has decided that while no blame can be apportioned in criminal law, under civil law Air France and Airbus committed four faults and are responsible for damages," said David Koubbi, a lawyer for the families of a number of passengers.