A Brazilian father whose son died in the 2009 Flight 447 disaster says true justice has not been achieved, even after a Paris appeals court convicted Airbus and Air France of manslaughter on Thursday in France’s deadliest aviation accident.
Both Airbus and Air France announced they will challenge Thursday’s decision, which could extend the legal proceedings for several more years.
Nelson Faria Marinho, a Brazilian citizen who heads a victims’ association and lost his son when the aircraft went down, expressed dissatisfaction with the court’s decision despite the guilty verdicts.
The Paris appeals court determined both companies were guilty of manslaughter in connection with the disaster and imposed the highest possible penalty of 225,000 euros (roughly $260,000) on each firm, according to Daniele Lamy, who leads another victims’ group.
Lamy, whose son Eric perished in the crash, attended both the original proceedings and this appeal trial, and praised Thursday’s outcome.
However, Marinho expressed his desire to see individual executives from both companies face jail time, though the legal case has focused on corporate rather than individual culpability.
“I’ve lost my father, my mothers, brothers. It hurts a lot, but it is impossible to translate into words the pain of losing a child,” Marinho said, speaking from his home office surrounded by newspaper articles and photographs documenting his lengthy fight for accountability.
The A330-200 aircraft vanished from radar during a storm over the Atlantic Ocean on June 1, 2009, carrying 216 passengers and 12 crew members. Recovery teams needed two years to locate the aircraft and its flight data recorders on the ocean bottom, more than 13,000 feet (approximately 4,000 meters) below the surface.
A previous Associated Press investigation revealed that Airbus had been aware of issues with the specific type of pitot tubes installed on the crashed aircraft since at least 2002, yet did not replace them until after the accident occurred.
Prosecutors alleged that Air France failed to provide proper training for situations involving the freezing of external sensors known as pitot tubes, despite known dangers. Airbus faced accusations of inadequately alerting airlines and flight crews about pitot tube malfunctions and failing to ensure adequate training to reduce associated risks.
The tragedy prompted regulatory changes regarding airspeed sensors and modifications to pilot training protocols.
Official investigators determined that several elements contributed to the catastrophe, including crew errors and the freezing of pitot tubes.
A lower court cleared both Airbus and Air France of manslaughter charges in 2023, causing significant distress among families who lost relatives in the accident.
Air France expressed regret over Thursday’s conviction and acknowledged that pursuing an appeal would extend an already protracted legal process, especially for victims’ families and loved ones, while noting that the company’s criminal responsibility had been previously rejected.
Airbus announced plans to file an appeal with France’s supreme court to enable a review of the legal questions presented in this matter.
A French pilots’ union welcomed the decision. The National Union of Airline Pilots stated it would be “unacceptable to place responsibility for the outcome of this accident solely on the pilots, without taking into account all of the systemic failures that led to the disaster.”
Victims’ attorney Alain Jakubowicz became emotional while addressing reporters outside the courthouse.
The verdict demonstrates “there is no fight that it is unwinnable,” he told French television. “Even when we are simply passengers, we can make global giants bend.”
In Rio, Marinho’s spouse Maria Eva explained that the anguish of losing one of her five children continues to feel fresh, though her faith has provided comfort during her mourning.
“This trail of destruction left many hearts wounded,” she said from her living room, which displays a representation of the Eiffel Tower. “But as long as there is life there is hope.”
