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After almost eight months since the largest airplane accident in
Brazilian skies, the Federal Police deputy, Renato Sayao, 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, Plinio 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 Sao 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.
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