Rutair wants Montague-appointed investigator booted from probe into fatal Trelawny plane crash

Rutair Limited, which operates an air transport business, is seeking an order from the Judicial Review Court to quash a June 2018 decision, by then Minister of Transport and Mining Robert Montague, appointing Christopher Raleigh Bickford as the duly qualified investigator in charge of investigations into the crash of a Cessna aircraft.

Three passengers died when the aircraft operated by Rutair crashed at Samuels Prospect in Trelawny on May 3, 2018.

The judicial review hearing has been set for July 16.

The decision to appoint Bickford was made by Montague upon a recommendation from the chairman of the Jamaica Civil Aviation Authority (JCAA).

On June 11, 2018, the applicant objected to Bickford’s appointment on the grounds that he was the investigator in charge of a previous incident involving a different aircraft wherein he made findings which were allegedly biased, prejudicial and contrary to the findings of the Transport Canada Safety Board (TCSB).

The applicant further contends that, despite repeated requests for Bickford’s report to be withdrawn and amended to conform with the TCSB, he had failed to comply. The applicant stated that it believed that Bickford would not be fair and his history of alleged open prejudice and bias to the applicant makes him unfit to participate in any future investigations involving the applicant.

A declaration is being sought by the applicant that Bickford’s appointment is unjust and unfair and the defendants are to ensure that where such an investigation is deemed necessary, an alternate investigator is selected.

The JCAA and the minister of transport are the respondents.

Rutair is also seeking a declaration that any resultant report, whether interim, preliminary or final, any recommendation, action or directive issued pursuant to any investigation conducted by Bickford is null and void.

Last month, Justice Carole Barnaby granted Rutair permission to submit an affidavit to introduce into evidence the continental motors field notes and air safety investigations field investigated aircraft incident/accident final report in respect to the occurrence. The judge said the report was the subject of the judicial review application which the judge said was disclosed to the applicant by the minister upon its request for information in October 2021.

The respondents had opposed the application but the judge ruled that, in the absence of any obvious prejudice to the respondents, she saw no reason to refuse the application to extend the time for filing of the affidavit.

“While the general rule in applications for judicial review is that orders for costs are not to be made against an applicant, having regard to the conduct of the applicant in making the delayed application without any good reason for doing so, and considering that the most substantive request has been refused, a departure from the general rule is warranted in the circumstances of the case,” the judge said.

The applicant was then ordered to pay the respondents’ legal costs and the judge set July 16 for the substantive hearing before a single judge.

Attorneys-at-law Terri-Ann Guyah and Aisha Thomas, instructed by Guyah Tolan & Associates, are representing the applicant.

The JCAA is being represented by attorney-at-law Jonathan Morgan, instructed by DunnCox.

Attorney-at-law Taneisha Rowe-Coke, instructed by the director of state Proceedings, is representing the minister.

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