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No proof pilot crashed plane: SilkAir lawyers

| Source: REUTERS

No proof pilot crashed plane: SilkAir lawyers

SINGAPORE (Reuters): A Singapore court hearing into the 1997
crash of a SilkAir plane which killed 104 people resumed on
Wednesday with the airline's lawyers maintaining there was no
evidence to show that the pilot crashed the plane either
intentionally or as a result of recklessness.

Families of six of the victims are suing the regional carrier
for damages over the crash of Flight MI 185, which plunged into
the Musi River on the Indonesian island of Sumatra en route from
Jakarta to Singapore on Dec. 19, 1997.

The case was adjourned on July 18 so that both sides could
prepare final written submissions.

Evidence produced by their witnesses during the 13-day trial
in July suggested the pilot, Tsu Way Ming, had suicidal
intentions and manually caused the jet to plunge suddenly from
its last known flight altitude of 35,000 feet (10,606 meters)
into a river.

But SilkAir's lawyer Lok Vi Ming, in his final submission in
court, said the evidence fell short of establishing the pilot had
committed the act.

"It is difficult to ascertain the exact positive case that the
plaintiffs are asserting. They have failed to state precisely the
factual scenario they are alleging," said Lok.

"As detailed in these submissions, the defendants say that the
plaintiffs have not been able to establish or prove the objective
bases upon which they rely on to draw their alleged inferences,"
he said.

Lok told Supreme Court Justice Tan Lee Meng that the
plaintiffs had not been able to prove the pilot or co-pilot had
intended to commit suicide or had been reckless with the Boeing
737-300 knowing that it would cause damage.

"The plaintiffs have not proved...any factual evidence that
would entitle either of these contentions to be maintained," Lok
said.

The plaintiffs' lawyer Michael Khoo painted a picture during
an earlier hearing of an aircraft that was deliberately put into
a nosedive by the pilot, Captain Tsu Way Ming.

Air traffic controllers did not receive a distress call and
investigators found that the plane's cockpit voice recorder and
flight data recorder had stopped recording minutes before the
plane went down -- prompting rumors of pilot suicide.

Indonesia's National Transportation Safety Committee said in
its official crash report in December the highly fragmented
wreckage "yielded no evidence to explain the cause of the
accident".

The plaintiffs are seeking a higher level of compensation from
SilkAir, a regional carrier belonging to Singapore Airlines.

Most families of the crash victims have already accepted
compensation from SilkAir amounting to US$200,000 per victim
which bars them from further legal action.

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