Malaysia formally declares MH370 crash an accident, passengers presumed dead

Malaysia Airlines Flight 370 was formally declared an accident, the Malaysian government announced on Thursday, paving the way for victims’ relatives to be compensated.

The nations’ civil aviation chief Azharuddin Abdul Rahman said it was with “the heaviest heart and deepest sorrow” that “survivability highly unlikely” and all onboard “presumed to have lost their lives” in the southern Indian Ocean.

The Boeing 777 aircraft, with 239 passengers and crew on board, lost contact with air traffic control on March 8, last year during a transition of airspace between Malaysia and Vietnam en-route to Beijing

Citing the Chicago Convention on International Civil Aviation, Malaysia hoped an official declaration would allow the next-of-kin to obtain the assistance they needed, “in particular through the compensation process”.

The airline is set to take on their responsibility to the next-of-kin by paying compensation to the victims’ families either by consultation or by litigation.

James Healy-Pratt, a leading aviation lawyer, told the South China Morning Post the formal declaration brings some legal certainty to MH370, and the fate of the passengers and crew.

“Many families still believe that their loved ones are still alive, because there is no evidence of their deaths – only of their disappearance. This is a very sensitive area for obvious cultural reasons,” said the head of aviation at Stewarts Law, who is currently assisting families involved in the crash of Air Asia flight QZ 8501 in Indonesia. He has also represented 30 families of the victims of Air France 447 disaster.

“With the formal declaration, death certificates can be issued for those whom require them, and claims for compensation against Malaysian Airlines, and their aviation insurers in London can be progressed.”

Emotionally-drained family members have been awaiting the news for more than 10 months.

“This is so irresponsible, they announced it without any new evidence,” one next-of-kin surnamed Wang said.

“The Malaysians don’t want us to have hope, I don’t know what to do next”, said Yan Jiacheng, a familty member of one of the victims from Jiangsu said.

The Chinese foreign ministry released a statement shortly after the announcement that it expected full compensation for the 154 Chinese aboard the airliner.

The statement extended “deepest sympathies” and “sincere condolences” to the families of victims and the ministry also expressed gratitude to the many international organisations who assisted with the search work.

An earlier press conference on Thursday was abruptly cancelled by Malaysian authorities’ on Thursday afternoon, citing “unforeseen circumstances” as distraught family members rushed to the venue.

Echoing poor communication previously, the government’s crisis management communication skills fell short, opting for a delayed pre-recorded TV announcement to declare Flight MH370 an accident.

An interim report into the crash is due to be released on March 7 by its transport ministry, a day before the first anniversary marking the jet’s disappearance.

Rahman reassured that, with the cooperation of China and Australia, Malaysia would continue their efforts to find the missing jetliner and bring closure to the families who lost their loved ones.