Crash victims' families file writ against SilkAir

Agence France Presse in Kuala Lumpur. December 18, 1999

Related: Families Singapore crash victims lament investigation proceedings

SEVEN families with relatives who died in the crash of a Singapore SilkAir jetliner have filed writs against the airline, a spokesman from SilkAir said Saturday, setting the stage for legal action.

The writs received by the lawyers of SilkAir, a regional subsidiary of Singapore Airlines Ltd. (SIA) were filed over the past week by the families ahead of a two-year deadline that expires Sunday, he said.

"We understand that as of Thursday, we have received seven such writs," he told AFP.

"This gives them the right to take legal action against the airline," he said.

Under the Warsaw Convention, families of crash victims have two years from the date of a crash to file lawsuits against the airline involved, after which they forfeit their right to claim compensation.

The crash of SilkAir MI185 occurred on December 19, 1997, killing all 104 people on board. The jet was en route to Singapore from Jakarta when it crashed over the Indonesian city of Palembang on Sumatra island.

The spokesman said they would know by Monday exactly how many of the 85 families whose relatives died have filed writs. Some families had more than one relative who died in the crash, the worst in Singapore's aviation history.

According to SilkAir, 46 families have either settled or indicated they would accept the airline's compensation offer.

SilkAir initially offered US$140,000 per family, which was accepted by 26 families. The offer was then raised to US$200,000, and 20 families accepted this compensation.

But other relatives of the victims whose families had yet to accept the compensation offer said it was difficult to make a decision, since a full report from investigating authorities into the crash will be released only next year.

"Most of the families would prefer to wait for the results of the investigation. If they accept the compensation, it means you release the airline from any liability," Aaron Ng, vice-president of the Families of SilkAir MI185 Association told AFP.

Ng's girlfriend Claudia Teo was a stewardess on the ill-fated flight.  Teo's family has not accepted the compensation offer as they are not affected by the two-year time limit, since they are family of a crew member on the flight, he said.

In a statement issued Friday, the families criticized the alleged lack of transparency and a "veil of silence" prevailing in the investigation into the tragedy.

The investigation is being led by the Aircraft Accident Investigation Commission (AAIC) of Indonesia, which issued a preliminary report in August that hinted at the possibility the crash may have been deliberately caused by one of the pilots.

Indonesia and Singapore have since referred the probe to their respective police forces.