Police helicopter crash case returns

Sharon Mathala | Thursday February 4, 2016 15:41

 

Justice Abednego Tafa of Lobatse High Court is set to preside over the matter next week Thursday, as the state and the families of the deceased go head to head for the first time, on whether or not the police should release a detailed report of the accident.

Malcom Gobhoza of Gobhoza Legal Practice will represent the Sobatha, Ntobedzi, and Mabotho families, whilst the police, the Minister of Transport and Communications, the Attorney General, the Director of Investigations, the Civil Aviation Authority of Botswana, Africa (Pty) LTD and Airbus Helicopters Southern will be represented by attorney Charles Gulubane.

The families of the deceased decided to approach the courts after the police issued a terse 94-word report on the crash on December 17, 2014.

The report 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 court on July 29, 2015, the families, through their lawyers demanded that the police provide all statements taken by the accident investigators.

 They also stated that they wanted “all cockpit voice recording and transcripts from such recording of AS350 Euro-Copter bearing call sign BPS-02 from April 20, 2014 to the date of the accident”.

The families also want all meteorological records and information of Gumare to Maun (Okavango Delta) region from April 19, 2014 up to April 24, 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 previous answering affidavits shown to Mmegi, the Botswana Police Service (BPS) denied instructing the trio to fly on the fateful date running against popular belief that the fateful flight had been at the behest of police authorities.

An affidavit from the Deputy Commissioner of Police, (Support Services), Tapudzani Pester Gabolekwe, said that one of the deceased, air wing captain superintendent Keokeditse Sobatha 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 the affidavit.