In a statement of claim filed at the Kuala Lumpur High Court last Friday, the plaintiffs named Jet Valet Sdn Bhd and its parent entity, Koperasi Amanah Pelaburan Bhd, as defendants.
The plaintiffs are Johari’s wife, Maziah Sudin, as well as Tengku Erina Ungku Abdul Malek and Nizatul Akmar Nasir, the spouses of the two other victims, Naim Muaidi and Khairil Azwan Jamaluddin.
They are seeking special, general, aggravated and/or exemplary damages, in addition to costs related to their husbands’ funerals and bereavement.
The business jet with eight people on board crashed off the Guthrie Corridor Expressway in Bandar Elmina on Aug 17, 2023, killing 10 including Johari and two road users.
The aircraft, a Beechcraft Premier 1, was flying from Langkawi to Subang airport. It had been cleared to land at 2.48pm, but crashed two minutes later.
The plaintiffs claimed that the defendants breached their duty of care and statutory obligations, including by failing to take adequate steps to ensure that the passengers arrived safely at Subang airport.
They alleged that the defendants failed to register the plane with the Civil Aviation Authority of Malaysia and did not obtain the required approval for non-scheduled air services or for carrying passengers, as mandated by law.
The defendants are also accused of exploiting regulatory grey areas to avoid stringent oversight and necessary approvals.
The plaintiffs further alleged that the defendants allowed the pilot to occupy the right seat of the plane, contrary to flight manual requirements, and permitted an unqualified second-in-command to occupy the left seat and perform critical pre-landing checklist duties.
The plaintiffs claimed the defendants breached contract by failing to ensure the aircraft’s airworthiness and passenger safety, and violated Article 5(1) of the Federal Constitution guaranteeing the right to life.
The widows additionally claimed losses related to funeral arrangements for their spouses, including RM5,000 in burial expenses and RM30,000 in bereavement costs for each of the three deceased, as well as loss of dependency to be determined by the court.
The statement of claim was filed by Messrs. Tanes, Khoo & Paulraj.
In August last year, the Air Accident Investigation Bureau in its final report on the crash found that the primary cause of the plane crash was the inadvertent extension of the lift dump spoilers.
It said the action caused a sudden loss of lift, resulting in catastrophic loss of control and the subsequent crash, adding that it believed the co-pilot had committed the fatal error.