Menu

Sam Pegram’s family jointly file legal Boeing challenge in US

Posted on - 9th January, 2022 - 7:00am | Author - | Posted in - Penwortham, Preston News, South Ribble News
Sam Pegram died while in Africa helping refugees Pic: Blog Preston/Pegram family
Sam Pegram died while in Africa helping refugees Pic: Blog Preston/Pegram family

Families of victims killed in the Ethiopian Airlines Boeing 737 Max crash in 2019 have filed a legal challenge in the US, following an agreement to give Boeing immunity from criminal prosecution.

Advertisement

The move comes after it was revealed a Deferred Prosecution Agreement (DPA) had been drawn up in secret with US prosecutors that would give Boeing immunity.

Advertisements
Preston Weekender advert

The lawyers representing the families have called on the court to delay approval of the DPA on grounds that it violates the US Crime Victim Rights Act, as prosecutors did not confer with families of victims before concluding the agreement with Boeing behind closed doors.

Read more: Pegram family urge for Boeing 737 Max aircraft to remain grounded after Ethopian Airlines crash

Other arguments cited in the challenge include:

Advertisements
  • The DPA fails to provide any criminal accountability for Boeing;
  • The Court has a duty to use its supervisory powers to preserve the integrity of justice;
  • Judicial review of DPAs promotes the constitutional separation of powers;
  • Boeing was not publicly arraigned in relation to the charges against it, and in fact has not had to appear in open court once; and
  • The US Government misled the victims’ families by denying the existence of an ongoing criminal investigation whilst working with Boeing to resolve the DPA.

Sam Pegram, aged 25, from Preston, and fellow UK nationals, Joanna Toole, aged 36, from Exmouth and Oliver Vick, aged 45, were among 157 passengers and crew killed when flight ET302 crashed on 10 March, 2019, six minutes after the 737 Max aircraft took off from Addis Ababa, en route to Nairobi in Kenya.

The crash followed the loss of another 737 Max operated by Lion Air, which crashed into the Java Sea in October 2018 killing all 189 passengers and crew.

As part of the DPA, Boeing agreed to pay fines and compensation totalling £1.8bn, around $2.5bn.

Most of the British victims’ families are being represented by Irwin Mitchell’s specialist Aviation Law Team, including Clive Garner, and are supporting the families in ongoing civil court proceedings against Boeing in Chicago, USA, together with US lawyers.

Clive said: “Our clients have been through so much already and we continue to support them with their fight for justice, accountability and transparency.

Advertisements
barton manor gym

“It’s totally understandable that the loved ones of those who died are extremely disappointed and concerned by the terms of the Deferred Prosecution Agreement. 

“To our clients, this agreement looks like an attempt to sidestep proper scrutiny and to avoid holding to account the Boeing Company and any of its senior executives and key decision takers under the criminal law.

“As well as their justified concerns about the terms of the Deferred Prosecution Agreement, our clients are astounded by the lack of any consultation with them by the US authorities before the agreement with Boeing was entered into.

“We continue to work with our colleagues in the US to help the families who we represent obtain the answers they seek and the justice they deserve.”

Read more: Boeing 737 Max aircraft on which Penwortham man died in Ethopian Airlines crash may be allowed to fly again

Mark Pegram, the father of Sam Pegram, who was working for the Norwegian Refugee Council when he died in the crash of ET302, said: “After everything that has gone before, the way the DPA was agreed in secrecy and without input from the families who lost their loved ones is another slap in the face for the families of those who died.

“An agreement concluded where none of the families were consulted and which gives Boeing immunity is unacceptable.”

Joanna Toole’s father, Adrian Toole, added: “What matters to the families is accountability. This agreement allows the Boeing Company and its senior executives to escape being held accountable under the criminal law.”

“We also remain concerned about the decision to allow the Boeing 737 MAX to fly again before the publication of the official accident report in relation to Flight ET302. This further adds to the impression that passenger safety and the families’ losses matter less in the U.S.A than Boeing’s commercial interests.”

“What we have demanded all along is transparency and our hope is that this legal challenge will provide it and remind the authorities that taking key decisions without consultation will not succeed in covering up wrong-doing.”

See what’s happening near you by entering your postcode below or visit InYourArea



Read moreSee the latest Preston news and headlines

Advertisements
caritas fostering advert
Share
Advertisements
caritas fostering advert
Preston in pictures Preston Bus 207 PO56 JDX (Scania N94UB / East Lancs Esteem)24.03.24 - Penwortham [Church of St Mary] 240323JPGDSC_7658 - Bus stationDSC_7676 - Miller ArcadeDSC_7681 - former Post Office, cenotaph and Town HallDSC_7682 - Central Methodist church, Lune StreetDSC_7668 - Fish (aka Box) MarketDSC_7672 - Miller Arcade View more Advertisement Subscribe to the newsletter

Sign up below to receive Blog Preston's email newsletter. It wings its way into inboxes every Sunday and Wednesday rounding up our top stories and more.

Advertisement News by location

Find news by location, select an area of your choice to be kept up to date with the latest goings on.

The Preston Guide

Discover local businesses and services near you.

    Advertisements
Advertisement Categories

Find news by category, select an category of your choice to be kept up to date with the latest goings on.

Blog Preston email updates

Receive our digest of the biggest and best stories every Sunday to your email inbox

We respect your privacy and you can unsubscribe at any time from our emails