Three hundred and forty-six people perished in two plane crashes allegedly caused by aircraft manufacturer Boeing.
Both accidents were caused by defects in the 737 Max’s flight control systems.
Boeing settled for $2.5 billion for failing to disclose system-related information.
Families of the deceased are attempting to reopen the settlement.
It signifies that, for the first time, the company will be formally charged in court about the two accidents. And will be required to enter a plea of guilty or not guilty.
Boeing previously argued that reopening the agreement with the US Department of Justice (DOJ) would be “unprecedented, impractical, and unfair.” It refused to comment on the court appearance.
In 2020 and 2021, Boeing 737 Max aircraft were permitted to fly again in the US, UK, and EU. After being grounded in 2019 due to crashes.
The Ethiopian Airlines flight ET302 crashed shortly after takeoff from Addis Ababa to Nairobi nearly four years ago. In March 2019, it crashed into farmland outside the Ethiopian capital, killing 157 people.
The accident involved a new aircraft design, the Boeing 737 Max.
A few months earlier, a nearly identical aircraft operated by the Indonesian airline Lion Air had crashed into the Java Sea on a flight from Jakarta to Pangkal Pinang that was supposed to be routine.
189 passengers and crew members perished.
It was later determined that both accidents were caused by design flaws, specifically the use of MCAS flight control software.
The system was created to aid pilots familiar with previous generations of the 737. And prevent them from requiring costly additional training to fly the new model.
In both cases, however, sensor failures forced the aircraft into a fatal dive that the pilots were unable to stop.
Investigations in the United States revealed that Boeing had not included information about the MCAS system in pilot manuals or training guidance, and had attempted to minimize the system’s impact in its communications with the Federal Aviation Administration.
The US Department of Justice (DoJ) charged Boeing with fraud in January 2021. However, the company was able to avoid a trial by agreeing to pay $2.5 billion in fines and compensation and by pledging to strengthen its compliance procedures.
This settlement, known as a deferred prosecution agreement, infuriated several relatives of the ET302 passengers who perished.
They claimed, and continue to claim, that the agreement was a “sweetheart deal” that was made without their knowledge, violated their rights, and allowed the company to avoid full accountability.
The Department of Justice defended its decision, insisting that the settlement was appropriate. Because it was unable to prove beyond a reasonable doubt that Boeing’s alleged crimes directly caused the two crashes.
Major milestone
After more than a year of legal wrangling in a Texas court, where the families are attempting to have the agreement reopened, the hearing will take place later.
Boeing has been ordered to appear with an “appropriate representative.” It is unclear who this individual will be.
In the meantime, relatives of the victims will be permitted to read or have read on their behalf impact statements to the court.
Without a doubt, for families, including those in the United Kingdom, the arraignment hearing is a major milestone.
Since her father, Joseph Wathaika, was killed in the ET302 crash. Zipporah Kuria has been an outspoken advocate for Boeing to be held accountable.
She will be in Texas for the hearing, and her statement will be a tribute to an “incredible” man who altered the course of many lives, she says.
She stated, “It feels like we’re finally being seen.” “It feels that the deaths of our loved ones, 346 individuals, have at least some significance now.”
“Cover-ups are not justice”
Mark Pegram, whose son Sam was working for a refugee agency when he perished on the same plane, has been prevented from traveling to Texas. However, he expressed his delight that the hearing is taking place.
According to him, a fine and cover-up do not constitute justice.
“It is crucial that a precedent is established to prevent the loss of innocent lives similarly, and that Boeing recognize the awful impact their actions has had on so many people,” he added.
It is unclear if the legal action would ultimately result in the reopening of the deferred prosecution agreement between Boeing and the Department of Justice.
Such a move would be quite uncommon. But according to Chicago attorney Robert A. Clifford, who represents the families in a separate civil lawsuit, it could have far-reaching repercussions, including action against people.
“These families are seeking the highest penalty against Boeing, as well as the revocation of any immunity from prosecution granted to senior Boeing personnel,” he stated.
