* Updated 13/02/2023 08:20 UTC with Boeing statement *

Family members of the victims of the two accidents that grounded the Boeing 737 MAX for 20 months will not be able to reopen prosecution against the manufacturer. This comes after a judge ruled yesterday evening that he did not have the authority to make such a move, despite previously ruling the victims to be 'crime victims.'

An unsuccessful attempt

According to Reuters, the judge in question, Texas-based US District Judge Reed O'Connor, made this initial ruling in October. He did so on the basis that not disclosing details regarding the MCAS system, which played a key role in the two deadly crashes, to the Federal Aviation Administration (FAA) constituted fraud.

Therefore, he argued that the 346 people who died in the crashes of Lion Air flight 610 (October 2018) and Ethiopian Airlines flight 302 (March 2019) were crime victims, as this act had played a role in their deaths. This landmark ruling had the potential to reopen new prosecution cases against Boeing regarding the crashes.

As a result, families of the victims launched a renewed bid to take legal action against the American planemaker. However, O'Connir eventually ruled yesterday that this would not be possible, explaining that he and his court did not have the legal means to do so. He added that "had Congress vested this court with sweeping authority to ensure that justice is done in a case like this one, it would not hesitate."

Photo: Joe Kunzler | Simple Flying

O'Connor sympathizes with the victims' families

The comments shared by Reuters certainly suggest a degree of disappointment and frustration on O'Connor's part at having had to make such a ruling. The move is the latest step in an ongoing saga more than four years after the first accident, with, as the Economic Times notes, Boeing having already pled not guilty to misleading federal aviation regulators in a fraud case last month.

As it stands, Boeing has immunity from prosecution over the crashes that grounded the MAX. The victims' families had asked O'Connor and his court to rid the manufacturer of such immunity, with the judge assuring them that his court had sympathy for the victims of what he called a 'criminal conspiracy' on Boeing's part.

O'Connor also recognized "the incalculable harm that the victims' representatives have suffered" due to the accidents. Despite this, he ultimately declared that his court alone did not have the legal power to strip Boeing of its immunity. Simple Flying contacted Boeing for comment, and a spokesperson told us that the company is "committed to continuing to comply scrupulously with all of our obligations under the agreement we entered into with the Justice Department two years ago."

Photo: Marco Menezes/Shutterstock

The crashes in question

The MAX first became infamous when, on October 29th, 2018, a Lion Air MAX 8 operating flight 610 from Jakarta to Pangkal Pinang crashed shortly after departing the Indonesian capital. At this point, the type had been in service for less than 18 months. According to the Aviation Safety Network, this accident killed 189 people, with a further 157 dying on Ethiopian Airlines flight 302 on March 10th, 2019.

When similarities between these two accidents were drawn, regulatory authorities moved swiftly to ground the aircraft. This operational hiatus lasted some 20 months while Boeing made safety changes to the jet. It re-entered service in late 2020, and has since become a common sight in the world's skies. However, for the families of the victims of the crashes, the fight for justice continues,

Sources: Aviation Safety Network, Economic Times, Reuters, Reuters