TOM ALLARD
SMH January 12, 2010
PROSECUTORS will try to get the conviction and prison sentence reinstated for the Garuda pilot at the controls of a plane that crashed at Yogyakarta's airport, killing 21 people, including five Australians.
Australian embassy officials in Jakarta confirmed the fresh appeal yesterday but declined to comment on whether it was the result of pressure from Australia.
Marwoto Komar originally received a two-year sentence last April after being found guilty of criminal negligence.
He successfully appealed against the verdict last month, which caused outrage from the families of the victims, including Australian Financial Review journalist Morgan Mellish, federal police officers Brice Steele and Mark Scott, AusAID official Alison Sudrajat and diplomat Liz O'Neill.
''I'm really surprised. I thought the case was done and dusted,'' said Caroline Mellish, the sister of Morgan Mellish, yesterday.
She said pursuing Captain Marwoto was important to ensure the spotlight was shed on Indonesian air safety standards, as much as justice for those badly injured in the accident and the loved ones of those who died.
''You would hope other pilots would think twice about their actions and that Garuda itself would take some responsibility.''
Immediately before the crash in 2007, Captain Marwoto ignored 15 automated warnings to abort the landing as the jet approached the runway at twice the recommended speed.
At first he said poor weather was responsible for the incident but changed his story to blame mechanical problems.
The initial guilty verdict found fault with him for not alerting airport authorities and fire crews about an impending disaster.
The Boeing 737 slammed into the runway and skidded into a rice field before exploding.
Captain Marwoto's successful appeal meant he was allowed to fly again although Garuda said he would not be reinstated.
Tuesday, January 12, 2010
Monday, January 11, 2010
Appeal lodged after fatal Garuda pilot acquitted
From correspondents in Jakarta: AAP
January 11, 2010 4:17PM
INDONESIAN prosecutors have lodged their appeal against a court's decision to quash the conviction of the Garuda pilot whose plane crashed, killing 21 people, including five Australians.
Marwoto Komar was found guilty of criminal negligence and sentenced to two years' jail over the 2007 crash at Yogyakarta airport.
But the Yogyakarta High Court last month overturned Mr Komar's conviction and ordered he be released from all charges.
Prosecutors have now appealed to Indonesia's Supreme Court in a bid to have the pilot's conviction and jail term reinstated.
Mr Komar was flying a Boeing 737 which slammed onto the runway at Yogyakarta airport, careered into a field and exploded in flames on March 7, 2007.
Five Australians were killed in the crash: diplomat Liz O'Neill, AusAID official Allison Sudradjat, Australian Federal Police officers Brice Steele and Mark Scott, and Australian Financial Review journalist Morgan Mellish.
Investigators have argued Mr Komar ignored a series of warnings not to land the plane as he brought it in at about twice the safe speed.
Mr Komar has blamed the disaster on mechanical problems.
January 11, 2010 4:17PM
INDONESIAN prosecutors have lodged their appeal against a court's decision to quash the conviction of the Garuda pilot whose plane crashed, killing 21 people, including five Australians.
Marwoto Komar was found guilty of criminal negligence and sentenced to two years' jail over the 2007 crash at Yogyakarta airport.
But the Yogyakarta High Court last month overturned Mr Komar's conviction and ordered he be released from all charges.
Prosecutors have now appealed to Indonesia's Supreme Court in a bid to have the pilot's conviction and jail term reinstated.
Mr Komar was flying a Boeing 737 which slammed onto the runway at Yogyakarta airport, careered into a field and exploded in flames on March 7, 2007.
Five Australians were killed in the crash: diplomat Liz O'Neill, AusAID official Allison Sudradjat, Australian Federal Police officers Brice Steele and Mark Scott, and Australian Financial Review journalist Morgan Mellish.
Investigators have argued Mr Komar ignored a series of warnings not to land the plane as he brought it in at about twice the safe speed.
Mr Komar has blamed the disaster on mechanical problems.
Indonesia prosecutors appeal Garuda pilot acquittal
Mon Jan 11, 3:46 am
JAKARTA (AFP)
Indonesian prosecutors have appealed against a court's decision to overturn the conviction of a Garuda Indonesia pilot who crashed a passenger jet, killing 21 people, a spokesman said Monday.
The high court last month quashed an earlier two-year prison sentence against pilot Marwoto Komar, saying he "tried his best" to save the Boeing 737 which crashed on landing in Yogyakarta, central Java, in 2007.
"There's an error in interpretation of the law by the high court. By freeing him it's like saying the incident never took place," Yogyakarta prosecutors office spokesman Fora Noenoehitoe told AFP.
"We maintain our position that he should be jailed."
The plane hit the tarmac at twice the recommended landing speed and speared into neighbouring rice fields before bursting into flames.
Komar says faulty wing flaps were to blame for the jet's excessive airspeed as it came in to land. He also blamed the condition of the runway and poor safety standards at Yogyakarta airport for the number of casualties.
A safety investigation report however found he had ignored 15 automatic warnings that his approach speed was too fast.
Five Australians -- a diplomat, an aid official, two police officers and a journalist who were following then-Australian foreign minister Alexander Downer on an official visit -- were among the dead.
The European Union banned all Indonesian airlines from its airspace in June 2007 due to safety concerns after a spate of accidents. The ban was lifted in July 2009 for four airlines, including Garuda.
Komar has said he plans to return to flying for Garuda, the national carrier which is hoping to raise hundreds of millions of dollars in a public share offering this year.
JAKARTA (AFP)
Indonesian prosecutors have appealed against a court's decision to overturn the conviction of a Garuda Indonesia pilot who crashed a passenger jet, killing 21 people, a spokesman said Monday.
The high court last month quashed an earlier two-year prison sentence against pilot Marwoto Komar, saying he "tried his best" to save the Boeing 737 which crashed on landing in Yogyakarta, central Java, in 2007.
"There's an error in interpretation of the law by the high court. By freeing him it's like saying the incident never took place," Yogyakarta prosecutors office spokesman Fora Noenoehitoe told AFP.
"We maintain our position that he should be jailed."
The plane hit the tarmac at twice the recommended landing speed and speared into neighbouring rice fields before bursting into flames.
Komar says faulty wing flaps were to blame for the jet's excessive airspeed as it came in to land. He also blamed the condition of the runway and poor safety standards at Yogyakarta airport for the number of casualties.
A safety investigation report however found he had ignored 15 automatic warnings that his approach speed was too fast.
Five Australians -- a diplomat, an aid official, two police officers and a journalist who were following then-Australian foreign minister Alexander Downer on an official visit -- were among the dead.
The European Union banned all Indonesian airlines from its airspace in June 2007 due to safety concerns after a spate of accidents. The ban was lifted in July 2009 for four airlines, including Garuda.
Komar has said he plans to return to flying for Garuda, the national carrier which is hoping to raise hundreds of millions of dollars in a public share offering this year.
Saturday, December 26, 2009
Three Years
♥♥ When your brother dies, your childhood fades,there being one less person to remember it with...
It's like losing your computer and there's no back-up ♥♥
Garrison Keillor
Monday, December 14, 2009
Garuda wont reinstate pilot cleared of negligence
ROD MCGUIRK
SMH December 14, 2009
JAKARTA: National carrier Garuda Indonesia has ruled out reinstating a pilot despite an appeal court overturning his conviction for causing a crash landing in 2007 that killed 21.
The High Court of Yogyakarta quashed Captain Marwoto Komar's conviction for negligence in the fiery crash of a Boeing 737-400 airliner at Yogyakarta airport on March 7, 2007, lawyers said last week.
Komar was sentenced in April to two years in prison, half the sentence that prosecutors had asked for.
Garuda said Komar, a career pilot for 22 years, resigned after an initial accident investigation that found he ignored 15 automated warnings and calls by his co-pilot to circle around the airport again.
"He has not been employed by the company since then and we do not expect this situation to change," Garuda said in a statement.
"We wish to reassure everyone that the incident of March 2007 has not been in vain as the airline has since invested heavily in pilot training and safety."
Komar was initially charged with deliberately crashing the plane. He approached the airport too fast and the airliner careered off the runway into a rice paddy where it burst into flames.
Komar blamed mechanical problems. He told the court during the lengthy trial he knew the plane was coming in too steeply but when he turned off the automatic pilot and tried to pull up the nose manually it did not respond.
Five Australians were among the 21 killed. One hundred and twenty people survived the crash.
Indonesia has one of Asia's worst aviation records and Garuda's planes were until recently blacklisted from landing in the European Union. Experts say poor maintenance, rule-bending and a shortage of properly trained pilots may be to blame.
AP
SMH December 14, 2009
JAKARTA: National carrier Garuda Indonesia has ruled out reinstating a pilot despite an appeal court overturning his conviction for causing a crash landing in 2007 that killed 21.
The High Court of Yogyakarta quashed Captain Marwoto Komar's conviction for negligence in the fiery crash of a Boeing 737-400 airliner at Yogyakarta airport on March 7, 2007, lawyers said last week.
Komar was sentenced in April to two years in prison, half the sentence that prosecutors had asked for.
Garuda said Komar, a career pilot for 22 years, resigned after an initial accident investigation that found he ignored 15 automated warnings and calls by his co-pilot to circle around the airport again.
"He has not been employed by the company since then and we do not expect this situation to change," Garuda said in a statement.
"We wish to reassure everyone that the incident of March 2007 has not been in vain as the airline has since invested heavily in pilot training and safety."
Komar was initially charged with deliberately crashing the plane. He approached the airport too fast and the airliner careered off the runway into a rice paddy where it burst into flames.
Komar blamed mechanical problems. He told the court during the lengthy trial he knew the plane was coming in too steeply but when he turned off the automatic pilot and tried to pull up the nose manually it did not respond.
Five Australians were among the 21 killed. One hundred and twenty people survived the crash.
Indonesia has one of Asia's worst aviation records and Garuda's planes were until recently blacklisted from landing in the European Union. Experts say poor maintenance, rule-bending and a shortage of properly trained pilots may be to blame.
AP
Sunday, December 13, 2009
Ruling denies justice for Australian crash victims
DANIELLE TEUTSCH
SMH December 13, 2009
THE families of the Australians killed in the Garuda plane crash in 2007 are angry and disappointed that the pilot will escape a prison term and will be able to return to flying if he chooses.
Marwoto Komar had his conviction for criminal negligence quashed by an Indonesian court, in a shock decision made public last week.
Captain Marwoto had been sentenced to two years in prison in April after a court heard evidence he ignored 15 automated warnings and brought his plane into land too fast and from a much greater height than normal.
Yogyakarta's High Court overturned the decision, finding Captain Marwoto's action of negligence was not ''legally and convincingly proven'', clearing the way for him to return to work.
The crash at Yogyakarta Airport in 2007 killed 21 people, including five Australians: diplomat Liz O'Neill, Australian Financial Review journalist Morgan Mellish, AusAid official Allison Sudradjat and Australian Federal Police officers Mark Scott and Brice Steele. The Sydney Morning Herald journalist Cynthia Banham was badly injured.
Caroline Mellish, sister of Morgan, said the decision meant no one had taken responsibility for the tragedy.
''I'm angry because there have been no ramifications from the crash, for Garuda or Indonesia as a whole.
''The fact he has had his conviction quashed and pilot status reinstated, it's like nothing's happened,'' Ms Mellish said.
She did not expect any further action given the appeal went to the High Court in Indonesia. Ms Mellish also did not expect any diplomatic entreaties from the Australian Government because of its close ties to its Asian neighbour.
''It would be nice … but I don't hold out any hope of that happening,'' she said. ''It was always about making sure that something as extreme as this didn't happen again and that other families didn't have to go through something like this.''
Simone Kerr, sister of AusAid official Allison Sudradjat, was still in shock that the pilot would now be free to fly again. Part of the High Court finding was that Captain Marwoto's ''rights, position and status … should be restored''.
''My greatest fear is that he will be flying again. He needs to be held accountable for his actions,'' Ms Kerr, who lives in Brisbane, said.
''The conviction didn't bring Allison back, but provided some comfort. Dad would have been particularly upset.''
Allison Sudradjat's father, Kevin Keevil, died in October aged 70. Mr Keevil had prostate cancer but his wife Stasia, Allison's stepmother, said he was also worn out by grief.
Mr Keevil had described the original two-year sentencing in April as ''inadequate'', and he would have been devastated to find out that the pilot would escape all punishment, Mrs Keevil said.
''He would have been terribly upset. He lost his beloved daughter, which took a lot out of him. And now to find that this man [is free]!'' she said.
''There is no justice in this world.''
SMH December 13, 2009
THE families of the Australians killed in the Garuda plane crash in 2007 are angry and disappointed that the pilot will escape a prison term and will be able to return to flying if he chooses.
Marwoto Komar had his conviction for criminal negligence quashed by an Indonesian court, in a shock decision made public last week.
Captain Marwoto had been sentenced to two years in prison in April after a court heard evidence he ignored 15 automated warnings and brought his plane into land too fast and from a much greater height than normal.
Yogyakarta's High Court overturned the decision, finding Captain Marwoto's action of negligence was not ''legally and convincingly proven'', clearing the way for him to return to work.
The crash at Yogyakarta Airport in 2007 killed 21 people, including five Australians: diplomat Liz O'Neill, Australian Financial Review journalist Morgan Mellish, AusAid official Allison Sudradjat and Australian Federal Police officers Mark Scott and Brice Steele. The Sydney Morning Herald journalist Cynthia Banham was badly injured.
Caroline Mellish, sister of Morgan, said the decision meant no one had taken responsibility for the tragedy.
''I'm angry because there have been no ramifications from the crash, for Garuda or Indonesia as a whole.
''The fact he has had his conviction quashed and pilot status reinstated, it's like nothing's happened,'' Ms Mellish said.
She did not expect any further action given the appeal went to the High Court in Indonesia. Ms Mellish also did not expect any diplomatic entreaties from the Australian Government because of its close ties to its Asian neighbour.
''It would be nice … but I don't hold out any hope of that happening,'' she said. ''It was always about making sure that something as extreme as this didn't happen again and that other families didn't have to go through something like this.''
Simone Kerr, sister of AusAid official Allison Sudradjat, was still in shock that the pilot would now be free to fly again. Part of the High Court finding was that Captain Marwoto's ''rights, position and status … should be restored''.
''My greatest fear is that he will be flying again. He needs to be held accountable for his actions,'' Ms Kerr, who lives in Brisbane, said.
''The conviction didn't bring Allison back, but provided some comfort. Dad would have been particularly upset.''
Allison Sudradjat's father, Kevin Keevil, died in October aged 70. Mr Keevil had prostate cancer but his wife Stasia, Allison's stepmother, said he was also worn out by grief.
Mr Keevil had described the original two-year sentencing in April as ''inadequate'', and he would have been devastated to find out that the pilot would escape all punishment, Mrs Keevil said.
''He would have been terribly upset. He lost his beloved daughter, which took a lot out of him. And now to find that this man [is free]!'' she said.
''There is no justice in this world.''
Saturday, December 12, 2009
Garuda crash pilot 'wants to fly again'
ADAM GARTRELL
SMH December 12, 2009
An Indonesian pilot cleared of wrongdoing over a 2007 crash that killed 21 people, including five Australians, says he wants to fly again.
The Yogyakarta High Court on Friday overturned Marwoto Komar's criminal negligence conviction and two year prison sentence imposed earlier this year for the March 2007 crash at Yogyakarta airport.
The court ordered that the charges against Komar be dropped and he be returned to his position.
Komar on Saturday said he was relieved by the verdict.
"At times like this, after all the troubles I've been through, I feel like my prayers have been answered," he told AAP.
Komar said his "personal obsession" was to fly again.
"It is my personal intention to get my licence back," he said.
"Flying's been my life for more than 22 years.
"Until the end of time, flying will be my life."
Komar's licence was suspended in the wake of the crash and he was fired by national carrier Garuda Indonesia.
Komar has worked as a car dealer, a taxi driver and a fertiliser seller during the two and a half years since the crash. He said his family has struggled to survive on his meagre earnings since losing his pilot's job.
"If I had died in the crash, then it would've been a great loss for me and the family," he said.
"I survived but still it was difficult.
"I don't want anyone to pity me for what I've been through but this is what I've experienced.
"I just hope all's well for the future."
Komar's lawyers believe prosecutors will not be able to appeal this week's court decision to a higher court because of the order that the charges be dropped.
"The court has recognised that Marwoto did all he could to save the plane and that if he hadn't, there would have been a higher number of casualties," lawyer Mohamad Assegaf said.
Komar's Boeing 737 slammed onto the runway at Yogyakarta airport, careered into a field and exploded in flames on March 7, 2007.
Five Australians were killed in the crash: diplomat Liz O'Neill, AusAID official Allison Sudradjat, Australian Federal Police officers Brice Steele and Mark Scott, and Australian Financial Review journalist Morgan Mellish.
Investigators had argued Komar ignored a series of warnings not to land the plane as he brought it in at about twice the safe speed. But Komar blamed the disaster on mechanical problems.
The head of the Indonesian Pilots Federation, Manotar Napitupulu, welcomed the court's verdict.
"The court stated that he should be reinstated in his position and that is not impossible," Napitipulu said.
"Why not?
"If he passed all the tests, psychological test, physical test, performance test and others, then why he could not fly a plane anymore?
"His profession is a pilot and he's already been punished."
SMH December 12, 2009
An Indonesian pilot cleared of wrongdoing over a 2007 crash that killed 21 people, including five Australians, says he wants to fly again.
The Yogyakarta High Court on Friday overturned Marwoto Komar's criminal negligence conviction and two year prison sentence imposed earlier this year for the March 2007 crash at Yogyakarta airport.
The court ordered that the charges against Komar be dropped and he be returned to his position.
Komar on Saturday said he was relieved by the verdict.
"At times like this, after all the troubles I've been through, I feel like my prayers have been answered," he told AAP.
Komar said his "personal obsession" was to fly again.
"It is my personal intention to get my licence back," he said.
"Flying's been my life for more than 22 years.
"Until the end of time, flying will be my life."
Komar's licence was suspended in the wake of the crash and he was fired by national carrier Garuda Indonesia.
Komar has worked as a car dealer, a taxi driver and a fertiliser seller during the two and a half years since the crash. He said his family has struggled to survive on his meagre earnings since losing his pilot's job.
"If I had died in the crash, then it would've been a great loss for me and the family," he said.
"I survived but still it was difficult.
"I don't want anyone to pity me for what I've been through but this is what I've experienced.
"I just hope all's well for the future."
Komar's lawyers believe prosecutors will not be able to appeal this week's court decision to a higher court because of the order that the charges be dropped.
"The court has recognised that Marwoto did all he could to save the plane and that if he hadn't, there would have been a higher number of casualties," lawyer Mohamad Assegaf said.
Komar's Boeing 737 slammed onto the runway at Yogyakarta airport, careered into a field and exploded in flames on March 7, 2007.
Five Australians were killed in the crash: diplomat Liz O'Neill, AusAID official Allison Sudradjat, Australian Federal Police officers Brice Steele and Mark Scott, and Australian Financial Review journalist Morgan Mellish.
Investigators had argued Komar ignored a series of warnings not to land the plane as he brought it in at about twice the safe speed. But Komar blamed the disaster on mechanical problems.
The head of the Indonesian Pilots Federation, Manotar Napitupulu, welcomed the court's verdict.
"The court stated that he should be reinstated in his position and that is not impossible," Napitipulu said.
"Why not?
"If he passed all the tests, psychological test, physical test, performance test and others, then why he could not fly a plane anymore?
"His profession is a pilot and he's already been punished."
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