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More than seven years after the incident at Zurich Airport, a pilot error still affects the judiciary. In March 2011, the Skyguide employee issued two Swiss machines with more than 260 people on board, one after the other, for clearance at takeoff but at intersections. "My plan was that these planes leave one after the other and that's enough," he told the Supreme Court Tuesday.
One of the pilots felt that was not enough: he interrupted the departure at the last moment. A few seconds later, the accused driver also gave the order to start the demolition, but only after ringing the alarm. The crew of the second fully occupied aircraft had nothing to do with the situation. He had broken no rules, but only given the best of himself, the driver said. "You can not be convicted for this." What happened to him could happen to someone else.
Zurich Airport is particularly difficult for pilots and pilots as two tracks intersect. At that time, measurement flights also took place during the day, which also added to the air traffic controllers' burden.
Back to the old function
Switzerland works in the context of air traffic control since the incident and ensures the development of safety. He is currently undergoing training to return to his former position. If he's convicted, it's hard to know if he'll be able to work again in the job of his dreams.
This air traffic controller had already been involved in a similar incident in 2008. At that time, however, the criminal proceedings were terminated because the danger was not serious enough. Even then, no one came to hurt. The pilot suffered psychological post-treatment and was reintegrated into the company.
For the present incident, the prosecutor wants to see him punished. The public prosecutor demands a conviction for negligent disruption of public transport and a conditional fine of 180 daily doses of 100 francs.
"It's only because of the coincidence and behavior of a pilot that it did not collide," said the prosecutor in his plea. It would have been easy to foresee the danger. The accused had not been sufficiently attentive and had instead devoted himself to the flight program for the measurement of thefts. He had set bad priorities.
The lower court, the Bülach District Court, released the pilot. The pilot could not be sentenced for something that did not happen.
"Attorney General bitten"
The pursuit puzzled for a few years outright in such cases, said the pilot's lawyer in his plea. At the moment, several cases are pending.
In the past, pilots did not have to expect legal consequences in the event of an error unless they acted with gross negligence or willfully. In the meantime, the Federal Criminal Court of Bellinzona has already rendered a final judgment, in which a pilot was found guilty of an error of conditional fine.
Another case is pending before the Bülach District Court. It also concerns a near-collision. The accused present Lotse also sat on Tuesday in the Supreme Court, but as spectators. With many other pilots and pilots, he stood alongside his accused colleague.
Skyguide employees fear for the culture of error, errors due to impending legal proceedings are no longer reported internally. Recognizing and learning weak points would be more difficult. Due to time constraints, the High Court has not yet been able to make a decision. The verdict will take place on December 12th.
(SDA)
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