In an unusual move that could lead to a criminal prosecution, a French judge investigating the 2009 crash of an Airbus 330 jet over the Atlantic Ocean has filed preliminary charges of manslaughter against both Airbus and Air France.
The cause of the crash, which killed all 228 people aboard, remains unclear and large parts of the plane — including both “black box” flight recorders — never have been found. The preliminary charges of involuntary manslaughter are the first to emerge from the separate investigations by the magistrate, Sylvie Zimmerman, and the French civil aviation authorities.
Under French law, according to the Associated Press, preliminary charges mean the investigating magistrate has sufficient reason to suspect wrongdoing. The move allows the magistrate to continue investigating before determining whether to send the case to trial.
Both Airbus and Air France protested Zimmerman’s decision. “Airbus maintains that the focus should be on finding the cause of this accident and making sure it can never happen again,” Airbus CEO Thomas Enders said in a statement. “Airbus will continue to support the investigation, including the continued search for the flight recorders, which is the only sure way to know the truth.”
The Air France Flight 447 went down en route from Rio de Janeiro to Paris during a stormy night flight. Automatic messages sent by the Airbus 330 jet’s computers show it was receiving false air speed readings from sensors but investigators have said the sensor problem alone was not enough to cause the crash.
According to The Wall Street Journal, an Air France attorney said the judge indicated that the airline might be at fault for failing to alert pilots before the crash about potentially defective air-speed sensors.
Between 1989 and 2009, there were 41 criminal prosecutions stemming from crashes of airliners or business jets world-wide, said The Journal, quoting from “Flying in the Face of Criminalization,” a recent book. But some air-safety experts are concerned that criminal proceedings could erode safety by deterring airlines from voluntarily disclosing mistakes.
A fourth search for the missing flight recorders from Flight 447 starts this week. Three advanced underwater robots will scour the ocean floor between Brazil and western Africa, in depths of up to 13,120 feet.


