Garuda death crash pilot jailed

Tom Allard
SMH April 7, 2009

The pilot of the Garuda plane that crashed in Yogyakarta two years ago, killing five Australians, has been sentenced to two years in prison.
Marwoto Komar was today found guilty of criminal negligence. Prosecutors had sought a four-year jail term.
One of the panel of five judges remarked that the sentence was about the prevention of future accidents rather than revenge.
The Australians killed were diplomat Liz O'Neill, AusAID official Allison Sudradjat, Australian Federal Police officers Brice Steele and Mark Scott and Australian Financial Review journalist Morgan Mellish.
Komar remained impassive as the three-hour verdict was read out.
Caroline Mellish, the sister of Mr Mellish, remained stony-faced as Komar learned of his fate.
Outside the court, Ms Mellish said: "I don't feel that justice was served."
The Boeing jet skidded off the runway at Yogyakarta airport in March 2007, after landing at twice the recommended speed, bursting into flames as its passengers frantically tried to escape.
Passengers included journalists and police officers who were following the then Australian Foreign Minister Alexander Downer on a tour of Indonesia. Many only chose to be on the flight at the last moment.
An investigation by transport officials into the crash showed Komar ignored 15 automated warnings to abort the landing attempt. The court also heard he had ignored verbal warnings from his co-pilot urging him to go around.
Herald journalist Cynthia Banham was badly burnt and broke her back in the incident but defied the odds and made a remarkable recovery. She is now the paper's diplomatic editor.
Last month, Komar had made his final pleas of innocence to the panel of judges who were considering charges that he was criminally negligent in causing the crash.
He blamed his co-pilot and technical problems and his legal team insisted that the death toll of 21 was largely due to the late response of fire engines.
Komar's latest defence was a departure from his previous explanations and have centred on a sudden bout of turbulence knocking the plane off course.
The accusation of culpability by his co-pilot, Gagam Rohmana, follows earlier evidence from Gagam that he had warned the pilot to abort the landing and "go around" but was ignored.
Survivors of the crash had told how the front of the plane quickly burst into flames after impact.
One of the judges dissented and said that he did not think the pilot should have been found guilty.
Komar will appeal the decision.

Tom Allard is the Herald's Indonesia Correspondent.