The First Petit Bench of the Supreme Court in a 4-1 decision on Oct. 26 upheld a Tokyo High Court ruling that had found two air traffic controllers guilty of professional negligence in connection with a near hit in 2001, which injured some 100 passengers and crew members aboard a jetliner. The two were the first air traffic controllers to be indicted over a near miss. Having received guilty sentences, although imprisonment was suspended, they will be dismissed in accordance with the national public service law.
Multiple factors are believed to have led to the near miss. Even the majority opinion in the Supreme Court decision said the two air traffic controllers should not be held solely responsible for the incident. While the decision serves as a reminder that air traffic controllers must do their utmost to avoid errors, it could unnerve them and lower their morale.
It could have another effect. If an accident happens, air traffic controllers, fearful that they may be indicted, may not disclose all the information they have during an investigation by the Japan Transport Safety Board. Thus, information useful in preventing accidents may not be forthcoming. Wide discussions should be held on how to build a system that will best prevent accidents and collect all the necessary information related to accidents.