Business Wire, "The Association of Relatives
and Friends of Gol's Flight 1907 Victims Announces That Deputy Renato
Sayao Closes the Investigation on The Largest Airplane Accident over
Brazilian Skies"
After almost eight months since the largest airplane accident in Brazilian
skies, the Federal Police deputy, Renato Sayão, responsible
for the investigation, closed it after preparing the police investigation's
final report and having sent it to Sinop's Federal Police, placing
responsibility on the American pilots Joseph Lepore and Jan Paul Paladino. "The
pilots were indicted as guilty of negligent misconduct, when in fact
we feel that they should have been indicted as guilty of willful misconduct," states
Rosa Gutjhar, Rolf Gutjhar's widow.
"The fact that the American pilots were unprepared, without technical
knowledge, in addition to the widely reported conversation of the pilots
with Cindacta, where they clearly state that they were flying with
the TCas turned off, is enough to indict them as guilty of willful
misconduct," explains attorney Claudio Pimentel. "There will
be willful misconduct any time that the agent, even though not on purpose
wanting to do it, accepts as possible or even likely, assuming the
risk of the outcome… it is only necessary that the outcome be
possible or likely," says Pimentel, citing from the legal doctrine
on that criminal category from masters Zaffaroni & Pierangeli.
Angelita
de Marchi, Plínio Siqueira's widow and Vice President
of the Association of Relatives and Friends of Gol's Flight 1907 Victims,
believes that the Attorney General's Office, based on all the documentation
and work presented by the Federal Police, already has enough basis
to charge the perpetrators without requesting any additional queries.
In an interview granted to the O Estado de São Paulo newspaper,
published on May 8, the attorney for the American pilots stated that
there was a problem with the communication system of the Legacy jet.
Attorney Leonardo Amarante, representing several of the families, believes
that the eventual communication difficulties do not diminish the pilot's
guilt, because, if a pilot is unable to communicate in a specified
frequency, another frequency must be tried, as there are several available
frequencies. "A pilot cannot be without communication with the
air traffic control tower for as long as the Legacy pilots were," states
Amarante.