Criminalisation of air accidents

This has reference to the two civil light aircraft incidents/accidents that occurred in the country in quick succession last month in Paiyagala and Kimbulapitiya, respectively.

The Owners and Operators’ Association Sri Lanka is greatly concerned about the unjustifiable haste by the Authorities to ‘criminalise’ these air incidents/ accidents.

The usual International Civil Aviation Organisation (ICAO) practice, as recommended in the Annex 13 to the Chicago Convention of 1944, is for the Civil Aviation Authority of Sri Lanka (CAASL) to carry out investigations to ascertain what happened without apportioning blame to anyone, its purpose being to prevent a similar incident/ accident occurring again. Sri Lanka is a signatory to the ICAO Convention.

Once the Final Report is published by the CAASL and if an element of negligence to prevent an accident is highlighted, then and only then should the Attorney General contemplate on taking legal action against an organisation or an individual.

The Police and Sri Lanka Air Force (SLAF) should not get involved prematurely unless by invitation of the Chief Investigator of the CAASL.

Capt. G A Fernando

Immediate Past President

AOAOASL