Prosecutor seeks prison for Spanair crash mechanics

Madrid's public prosecutor will ask for prison sentences of two-and-a-half to four years, and the revoking of professional licenses for a period of three to six years, for at least two of the five people charged in the 2008 Spanair accident in Barajas, in which 154 people were killed and 18 injured.

The sentences correspond to charges of 154 counts of negligent homicide and 18 counts of bodily harm, which initially are only against the two Spanair mechanics involved. Sentences for negligent homicide range between one and four years of prison, but as a single act was responsible for all 154 deaths, the final sentencing will be in the upper half of this range, according to Spain's criminal code.

Last Saturday marked three years since the accident occurred on August 20, 2008. The leading judge in the case, Javier Pérez, now has final reports on the accident from the Civil Aviation Accident and Incident Investigation Committee (CIAIAC) and from the court.

Although both reports attribute the accident to a chain of events, there are two causes that stand out: serious human error on the part of the pilots, who forgot to activate the flaps and slats on the wings, which were necessary for take-off; and a technical error in the failure of the plane's TOWS alarm system to alert the pilots of their error. The cause for this failure is still unknown.

Faulty probe

In addition, the two mechanics have been charged with not properly repairing the malfunctioning ram air temperature (RAT) probe that had caused the plane to return to the apron just an hour before the accident. The judicial report takes a harsher view of this error than the CIAIAC report, concluding that "the maintenance technicians dispatched the plane incorrectly, without identifying the problem." The report also blames three Spanair managers for not properly instructing the two mechanics in how to deal with the RAT malfunction, including the maintenance shift boss working that day, and the heads of Spanair's maintenance and service divisions.

The mechanics disconnected the fuse that powered the probe, saw that the temperature went down, and dispatched the plane according to the Minimal Equipment Manual (MEL), which stipulates that repairs on malfunctions of this sort can be deferred for up to 10 days. However, the judge feels that the maintenance personnel lacked sufficient training.