Police hit back in crash lawsuit
Sharon Mathala | Wednesday August 26, 2015 18:00
The revelation is contained in answering affidavits filed by BPS this week in response to a suit brought by families of the three deceased officers. The three died when their helicopter crashed while on a routine flight between Gumare and Maun.
Families recently issued police with an ultimatum to respond, after receiving a terse report on the accident. The families are now demanding very detailed reports to show exactly what happened to their loved ones.
Mmegi is in possession of court documents filed on August 24 2015, in which Deputy Commissioner of Police, Support Services, Tapudzani Pester Gabolekwe states that Sobatha, the pilot on the day, was not instructed to fly to Maun from Gumare “but did so at her own discretion”.
“It is safe to state that there was no specific command to pilot en route Gumare to Maun at the time the officers departed for Maun and that such was in the discretion of the pilot to do so, “ reads his affidavit.
The families, in their court documents, have said they believe that the deceased officers were commanded to pilot the aircraft at night whilst weather conditions were unstable.
“The crew was commanded to be piloted by an unqualified and/or unfit pilot in command and the said police helicopter had no night flying visual equipment or facilities.”
Gabolekwe also states: “It is admitted that a meeting of the representatives of the families was convened but the meeting was not for the purpose of augmenting a fast release of a comprehensive report as alleged”.
The Support Services boss continues: “It is averred that instead the representatives of the families were informed during that meeting that documents pertaining to the accident could not be shared with them and that instead a letter would be written to them informing them of the outcome of the investigation”.
The families decided to approach the courts after the ‘letter’ from police turned out to be a 94-word report issued on December 17, 2014.
The December letter reads: “The investigations have been completed and we have reached a conclusion that there is a high possibility that the accident was caused by spatial disorientation of the crew as a result of flying at night in unstable weather conditions (low clouds)”.
In a notice filed before Lobatse High Court Judge Abednico Tafa on July 29, 2015, the families, through their lawyers at Duma Boko and Co, requested the police to provide all statements taken by the accident investigators. They also demanded, “all cockpit voice recording and transcripts from such recording of AS350 Euro-Copter bearing call sign BPS-02 from 20 April 2014 to the date of the accident”. The families also want all meteorological records and information from Gumare to Maun (Okavango Delta) region from April 19, 2014 up to 24, April 2014.
In their submission, the families state that they suspect negligence on the part of the police. “The said aircraft crash was a result of unlawful and/or negligent conduct of the Botswana Police Service and the respondents,” reads the notice.
In the papers before court, the Botswana Police Service, Minister of Transport and Communications, Director of Accident Investigation, Attorney General, Civil Aviation Authority of Botswana and Airbus helicopters Southern Africa are all cited as respondents.
Sobatha, inspector Ricardo Mabotho and assistant superintendent, Shepherd Ntobedzi died on April 20, 2014, after the helicopter they were flying in was reported missing two days earlier.