Exmouth woman and two other Brits 'unlawfully killed' in plane crash, inquest rules

By Tom Bevan 17th Jul 2023

Joanna Toole with father Adrian (Adrian Toole)
Joanna Toole with father Adrian (Adrian Toole)

The families of three British citizens killed in a Boeing 737 MAX crash more than four years ago have welcomed a verdict of unlawful killing at an inquest.

Joanna Toole from Exmouth, 36, Samuel Pegram, 25, and Oliver Vick, 45, were among 157 people killed on onboard flight ET302 in March 2019 when it crashed six minutes after takeoff.

After an inquest held for the trio, coroner Penny Schofield ruled that she was satisfied that Boeing had engaged in criminal conduct that led directly to the deaths of 149 passengers and eight crew.

She rejected claims made by the Boeing Company it should not be responsible for the criminal conduct of two of its test pilots – who failed to disclose crucial information to the FAA about safety critical procedures, or to train pilots adequately.

She said that the failure by Boeing to answer questions about MCAS procedures may have played a part in causing the deaths of the victims, and damned the "incomplete and inaccurate" information provided to airlines and the flying public by Boeing.

At the inquest in Hornsham, Sussex, Boeing sought to distance themselves from their own test pilots' failings, but the Coroner said that for Boeing to now say that they were not representing their interests was "incredulous".

The coroner ruled that the requirements for unlawful killing and gross negligence manslaughter were both established on the facts she had heard.

She described the conduct of Boeing, leading to the crash as "truly exceptionally bad so as to constitute the crime of manslaughter."

The flight ended six minutes after the 737 Max aircraft took off from Addis Ababa, en route to Nairobi in Kenya.

The crash happened less than five months after an earlier Boeing 737 Max 8 crashed in the Java Sea on 29 October 2018, killing 189.

The dual incidents caused a two-year worldwide long-term grounding of the Boeing 737 Max 8, and later resulted in the manufacturer being charged with conspiracy to defraud the US in January 2021.

It is alleged that certain software characteristics of the Max (the MCAS system) were concealed from the regulator during its certification process.

The erroneous activation of the MCAS system has since been blamed for both the Lion Air Flight 610 crash in October 2018 and Ethiopian Airlines Flight 302 in March 2019.

Verdict 'bittersweet' - father of Joanna Toole

Joanna Toole's father Adrian Toole said: "The verdict is the one all the families wanted, but it's a bittersweet moment after four years of fighting for the truth following the death of our loved ones in such a needless way.

"Having followed events in the US courts, the inquest has confirmed what many of us already knew. This aircraft did not crash as a result of any mechanical failure. Its design was fundamentally flawed.

"Boeing cut corners in order to maximise profit, including failing to train pilots adequately, and it is this that has led directly to the deaths of 157 people on Joanna's flight and 348 people when you take into account the others killed on the Lion Air flight.

"Joanna was a star, a selfless, special person, with a big heart and a passion to improve the lives of animals and the environment. Like so many other people on this flight, she was a humanitarian, a United Nations consultant with her whole life ahead of her. Joanna's loss is incalculable, not just to me and the family but all who knew her.

"It must never be forgotten that hundreds of people around the world remain devastated by the loss of this flight. I lost a daughter, others lost loved ones, children lost parents who never came home. Boeing now need to take a long, hard look at themselves and acknowledge our loved ones were unlawfully killed."

Following their deaths, several of the British families, including Mark Pegram and Adrian Toole instructed specialist aviation lawyers at Irwin Mitchell to investigate and support them throughout the inquest process.

Vincent Nichol, one of the specialist aviation solicitors at Irwin Mitchell representing the families, said: "This is a truly tragic case which has affected the lives of hundreds of people and proved devastating for Mark, Adrian and all the other families involved.

"Four years on and the families have now got the verdict they were looking for and the hope is now that those responsible will now face the consequences from what happened during those six minutes when the flight ended in such terrible circumstances.

"Many will have been shocked and angered by some of the details that came out during the inquest but at last the process has provided the families with some of the answers they wanted and a conclusion they feel was the only one that could give justice for their loved ones.

"While yesterday's conclusion is welcome, there are many spouses, partners, parents and siblings from over 30 nations whose lives have been ruined forever by what happened on that day.

"The crashes involving the Max 8 aircraft were described as 'the deadliest corporate crime in US history' by US District Judge Reed O'Connor in his judgment dated 9 February 2023, who went on to say 'this court has immense sympathy for the victims and loved ones of those who died in the tragic plane crashes resulting from Boeing's criminal conspiracy.'

"On behalf of our clients, we hope the verdict reinforces the need for essential work which must be undertaken by Boeing in order to rebuild the trust of the travelling public. It is also time that Boeing issued a long overdue and sincere apology to the family and friends of the English victims who were killed on 10 March 2019.

"The fact is that this defective aircraft was flying all over the world and could have crashed at any time anywhere in the world. We all need to know that the fundamental design defects are fully and finally rectified, and that the travelling public is now safe."

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