Investigation To Wrap Up In Just Over A Month

In an investigation which has seen its share of criticism from aviation organizations around the world, Brazilian authorities hint they may finally have reached a conclusion regarding who (rather than what) is to blame for the September 29 crash of Gol Airlines flight 1907.

Tamares Carvalho, spokesman for chief federal investigator Renato Sayao confirmed on Monday, January 22, earlier statements made by Sayao that US pilots Joseph Lepore and Jan Paladino will likely share responsibility with Brazilian air traffic controllers for the downed 737, which killed 154 people. The official investigation will conclude in a little over a month.

Brazil's handling of the crash investigation has many in the aviation community scratching their heads. In the US, crash investigations focus on the how and why, primarily as a tool to prevent further accidents. In this case, the Brazilian government has focused on who is to blame, with the eventual goal of a criminal prosecution. The threat of criminal proceedings has led to finger-pointing and political maneuvering within the Brazilian government, and sparked responses from many aviation organizations (AOPA/IAOPA, NBAA, APA, etc.) urging it to conduct a fair investigation devoid of criminality -- for safety's sake.

It's all but a certainty the Embraer Legacy 600 bizjet Lepore and Paladino were flying from the factory in Brazil to its new owner in the US collided with the Gol 737, causing critical damage to the airliner's wing. The bizjet landed safely minutes later with all seven aboard unhurt. The question the investigation was to answer is why were the two aircraft flying at the same altitude?

Early Brazilian press reports all but accused Lepore and Paladino of flying at the wrong altitude after turning off their jet's transponder. Some speculated the pair were 'joyriding' with the transponder off so ATC couldn't track their flight path. If that's so, one would have to believe it was just astronomically improbable bad luck which placed their aircraft in precisely the wrong place at the wrong time.

Nevertheless, Brazilian authorities confiscated their passports and forced the US pilots to remain in the country for 71 days while the country's government agencies engaged in a major bout of finger pointing and political maneuvering. Authorities in the South American country relented just before Christmas allowing them to return home. Before do so, however, the pair was hauled before a police panel, charged with exposing an aircraft to danger, questioned and force to promise to return and face the charge in Brazilian court.

Investigators have seemed to focus on two major questions about the crash: ATC claims the bizjet's transponder quit transmitting before the crash, and a flight plan filed by Lepore and Paladino before the ill-fated flight.

The flight plan indicated the Legacy would be flying at 36,000 feet for the leg during which the collision occurred. That would jibe with ICAO guidelines suggesting even-numbered altitudes for the direction of flight for that leg, but the collision occurred at 37,000 feet.

Local Brazilian press reports say recently obtained recordings of the radio transcripts between Brazilian ATC and the US pilots indicate Lepore and Paladino were directed to fly at 37,000 feet.

Meanwhile, Brazilian ATC says they weren't receiving signals from the bizjet's transponder for 50 minutes before the accident. Ronkonkoma, NY-based ExcelAire, the owner of the Legacy bizjet, told the Associated Press its "pilots did not intentionally or inadvertently disengage the Legacy’s transponder or TCAS (anti-collision) system and that there was no indication in the cockpit at any time during the flight that the transponder or TCAS system were not operational."

The nexus of the case against Lepore and Paladino seems to be Brazilian authorities' claim they should have noticed their transponder wasn't working before the crash. They two face up to 12 years in prison if it's proved they acted purposefully in exposing an aircraft to danger.

Brazilian air traffic controllers face the same charges -- for not diverting the Boeing jet when the Legacy's transponder signal disappeared from their radars.

Carvalho told the Associated Press Brazilian controllers are all members of the country's military, therefore federal police may only submit evidence to military justice officials who would then make the decision to prosecute.

According to press reports, the controllers handling the two aircraft that night say they believed Lepore's and Paladino's jet was at 36,000 feet.

FMI: www.brasil.gov.br/ingles/