First of all, we want to welcome the Ministry of Transport Interim Report on MH370. The report however, reinforces our call for the greater accountability and transparency on the tragedy.
From 1.21 am when MH370 was believed to have taken a u-turn (Air Turn Back) off north-west of Kota Baru in the South China Sea to cross Peninsula Malaysia until it reached south of Penang at around 1.52am, more than half an hour passed.
Within 1.21am to 1.52am, a full 31 minutes, MH370 on a rogue flight path was within our radars both civil and military! We do not want to speculate, but if actions were taken within that considerably long timeframe it re-crossed Peninsula Malaysia, perhaps we will have a lot more answers today.
It must also be noted that at around 1.39am, Ho Chih Min Air Traffic Centre (HCM ATCC) contacted KL ATCC to inform that no communication was established with MH370 a full 20 minutes after it was supposed to communicate with the plane. At this time, MH370 was estimated to have just re-entered Peninsula Malaysia flying through Kota Baru.
This means, authorities in Malaysia were alerted of a potential crisis on one hand and the crisis was taking place within our radars on the other hand, and yet, no emergency response was initiated.
One minute is a long time in aviation. Every minute, a plane can have a rate of descent of up to 8,000 feet.
Everyone was furious to read that the KL ATCC supervisor was asleep and had to be woken up by his subordinate when at 5.20 am. But the sad truth is, many more people were sleeping whether their eyes were shut or not on that fateful day. No one felt it fit to respond to a rogue plane flying for over half an hour across the airspace we control, and even though we were alerted of the crisis by Vietnam!
Breach of Malaysia-Vietnam Operational Agreement
The Interim Report cited the Operational Letter of Agreement between DCA Malaysia and the Vietnam Air Traffic Management which stipulated that “the accepting unit shall notify the transferring unit if two-way communication is not established within five (5) minutes of the estimated time over the TCP (Transfer of Control Point)”
The TCP occured at about 1.19am. However, despite the lost of communication, only at about 1.39am did Ho Chih Min Air Traffic Control Centre (HCM ATCC) contacted KL ATCC for the whereabouts of MH370.
Did Ho Chih Min breach this important agreement through its failure to comply with the five minutes timeframe and instead waited until 20 minutes before alerting KL? The communication lodge between HMC ATCC and the KL HTCC even recorded the latter questioning the former on this five (5) minutes rule.
Once again, one minute is a long time in aviation.
Delay in DETRESFA message
The last communication between KL ATCC and MH370 was at 1.19 am. When the next contact did did not happen, a distress message should have been triggered within roughly an hour later. However, the first distress message was released 5 hours and 13 minutes later at 6.32am.
According to the Manual of Air Traffic Services,
“when an aircraft fails to make a position report when it is expected, commence actions not later than the ETA for the reporting point plus 3 minutes and,
(a) the following actions shall be taken:
(ii) Notify the RCC that Uncertainty Phase exist…
(b) full overdue action: not later than 30 minutes after the declaration of the Uncertainty Phase:
(i) Notify the RCC that Alert Phase exists
(ii) notify the RCC that Distress Phase exists if:
– 1 hour has elapsed beyond the last ETA for the destination; or
– the fuel is considered exhausted; or
– 1 hour has elapsed since the declaration of Uncertainty Phase
In other words, within 3 minutes after 1.19am, the Uncertainty Phase must be declared, triggering all on high alert and by around 2.22am, the Distress Phase should have declared.
However, no one took any action until 6.32am. Anything could have happened in between.
What’s next after Interim Report?
The Interim Report alone is obviously not enough to do justice to the victims of the tragedy and their families as well as to return the confidence to the aviation industry. The Report highlighted shortcomings, non-compliances and weaknesses of our national airline, our aviation authorities and our military.
What actions are taken to ensure that shortcomings and weaknesses are rectified?
Where is the post mortem report from the military?
Where is the result of police investigation?
The Prime Minister must give full account on these questions before the end of this Parliamentary sitting. He must emulate his Australian counterpart, Tony Abbot who moved a motion to debate MH370 on 5 March 2015 in the Australian Parliament and gave Opposition Leader equal time to the Prime Minister to debate the said motion.
Note:
Uncertainty phase (INCERFA): A situation wherein uncertainty exists as to the safety of an aircraft and its occupants.
Alert phase (ALERFA): A situation wherein uncertainty exists as to the safety of an aircraft and its occupants.
Distress phase (DETRESA): A situation wherein there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger and require immediate assistance.