Spanish airline Swiftair found guilty over 2014 Mali air crash that killed 116

The Paris Criminal Court found Spanish company Swiftair guilty of corporate manslaughter on Monday over the 2014 crash of an Air Algerie flight that killed 116 people in northern Mali.

Swiftair, which had been sub-contracted to operate the flight on behalf of the Algerian carrier, denied the charges and attempted to have the case halted at the trial's opening on the grounds that a Spanish court had already dropped the case.

However, a French judge ordered the company to pay the maximum fine in France of €225,000 for corporate manslaughter, "or involuntary homicide," after a three-week trial earlier this year over the crash of a Swiftair-owned MD-83 airliner.

"This ruling comes as a relief to families who have been fighting for more than (12) years for justice to be done," said Sebastien Busy, a lawyer representing a group of relatives.

‘Accept decision’

"Families now expect Swiftair to assume its responsibilities and accept this decision," he told Reuters.

Swiftair, which has 10 days to appeal, could not immediately be reached for comment. In a statement, it reiterated that the trial should not have gone ahead and that safety regulations had been followed.

Air Algerie Flight AH5017 hit the ground less than an hour after it left the Burkinabe capital of Ouagadougou for Algiers, killing everyone on board.

Investigators later said the aircraft went into a stall when it was hit by ice as an anti-icing system remained switched off.

Alleged negligence

During the rare corporate manslaughter trial, prosecutors alleged negligence in the way Swiftair pilots were trained to deal with icy conditions and erratic data.

Swiftair, which was founded in 1986 as a cargo firm and 'wet lease' airline flying for other carriers that sell tickets for passengers, blamed shortcomings in regulation and manuals.

In Monday's judgement, the court rejected some prosecution arguments about poor training but said the captain had not had a proper proficiency check and the crew had not had the required number of refresher flights after a period of inactivity.

Monday's ruling marks the second time an airline has been found guilty of corporate manslaughter in France after Air France and Airbus were both declared guilty in May over the 2009 crash of a jetliner en route from Rio de Janeiro to Paris, killing all 228 people on board.

Both companies have appealed to France's highest court and are due to file arguments in coming days, with the case heading for a third full trial if May's appeals verdict is overturned.

The €225,000 maximum fine in such cases has often been criticised as a token penalty, but groups of victims' families in both accidents have said they are fighting for vindication after waging legal marathons through the courts.