Swiss military jet crash: air traffic controller found guilty

The accident site of the crashed F/A-18 on the Susten Pass, pictured on August 31, 2016. Keystone / Alexandra Wey

Over eight and a half years after the fatal F/A-18 military jet accident in Switzerland, an air traffic controller has been found guilty of negligent homicide by a military appeals court. He received a suspended fine. The Second Military Court of Appeals upheld the acquittal of the second fighter jet pilot.

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The court sentenced the 42-year-old Skyguide air traffic controller in Aarau to a suspended fine of CHF11,400 ($12,900). He had already been given a suspended fine by an earlier court. The air traffic controller and the prosecutor had appealed that sentence.

The military court of appeals found the man guilty of negligent homicide because he had informed the crashed F/A-18 pilot that he was flying at too low in Meiringen, canton Bern, on August 29, 2016.

The 27-year-old pilot collided with the mountainside of Hinter Tierberg during a training flight after take-off from Meiringen. The pilot was killed and the aircraft was destroyed by the violent impact with the mountain.

Flight altitude too low

In explaining the verdict, the presiding judge stated that if the air traffic controller had ordered the specified minimum flight altitude of 15,000 feet (4,572m above sea level) instead of the incorrect 10,000 feet (3,048m), the collision with the mountain would not have occurred.

“Your radio message triggered the manoeuvre and the collision,” he told the pilot.

The radio message was an instruction – and the pilot could therefore trust it. The air traffic controller could have corrected the order later. However, the court also acknowledged that there had been a “chain of unfortunate circumstances”.

The stressful situation, the level of training, and the over 60-year-old radar in Meiringen, which is no longer in operation, were cited. “If just one wheel had turned differently, nothing would have happened,” the presiding judge noted.

Collision of fighter jets avoided

The presiding judge stated that the air traffic controller’s primary task was to vertically separate the F/A-18, which had just taken off, from the fighter jet that later collided with the mountain. He wanted to prevent a collision between the two aircraft. “They wanted to save lives. They wanted to resolve the situation,” the presiding judge said.

According to the verdict, the convicted man must pay half of the costs of the proceedings, amounting to CHF38,000. The air traffic controller no longer works in Meiringen, but is currently undergoing training at Skyguide in Dübendorf, Zurich.

Acquittal for second pilot

The Second Military Court of Appeals upheld the acquittal of the second fighter jet pilot. The 41-year-old professional pilot of the Swiss Air Force had already been acquitted of the charge of negligent homicide by a first court of appeals in early 2024.

The Second Military Court of Appeals found that although he had not complied with all the regulations on his flight at short notice, he had corrected the deviations. The prosecutor had sought a conviction for negligent homicide and a suspended fine.

The two judgments are not yet final. Following the oral hearing, a written appeal can be filed with the Military Court of Cassation within five days.

Translated from German by DeepL/sb

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