Speaker 1 (00:00):
Australian aviation lawyer, Peter Carter is accusing Singapore Airlines of trying to lowball passengers who were injured in severe turbulence on a flight earlier this year. You might remember one person died and 104 people, including New Zealanders, were injured on Flight SQ321 from London to Singapore in May.

(00:19):
First Up producer Matthew Hutching reports that the airline says it refunded flight costs to all passengers and has offered tailored compensation payments to those who were severely injured.

Matthew Hutching (00:31):
On the 21st of May this year, Singapore Airlines Flight 321 from London to Singapore made an emergency landing in Bangkok after the Boeing 777 hit severe turbulence. Passengers report the seatbelt sign only came on eight seconds before the plane plummeted as breakfast was being served. One person died and more than 100 were injured. Six people suffered skull or brain injuries, and one was paralyzed. New Zealander Philip Whitehead’s neck and back were broken and he spent months recovering in a Bangkok hospital. 1,000 US dollars was provided to each passenger and the cost of the flight refunded immediately. Singapore Airlines also covered medical expenses for the injured. But Australian aviation lawyer, Peter Carter is concerned passengers are being short-changed.

Peter Carter (01:20):
I have to say, after 35 years of legal practice in this area, that is definitely not the case. Insurers’ business is to minimize claims and deny them.

Matthew Hutching (01:29):
On the flight, New Zealander Philip Whitehead had just returned from the bathroom and didn’t have time to get his seatbelt on. He suffered a severely lacerated head, a broken neck and back, cracked sternum, and a damaged lung. Whitehead said Singapore Airlines has responded well by paying for his treatment in a private hospital, flying his family to be with him in Bangkok, and promising to cover his salary at home until he can return to work. But Peter Carter, who is representing and advising many of the passengers, says long-term that’s not good enough.

Peter Carter (01:59):
It’s not. I mean, every passenger needs to be properly assessed, because under the common law, they’re entitled to their losses for the rest of their lifetime. Regardless, those are the principles that apply. It’s something that needs to be carefully considered. Unfortunately, the insurer is the person with whom we have to do battle.

Matthew Hutching (02:18):
Whilst Singapore Airlines has been offering 10,000 US dollars to passengers who sustained minor injuries, Carter is advising his clients not to accept anything from the airline yet.

Peter Carter (02:29):
It could be said I have an interest in advising people to seek legal advice, but I’m astounded that people would really believe that the insurer is acting in their best interest.

Matthew Hutching (02:39):
Since May, unexpected clear air turbulence has been cited as the cause of the incident, but an investigation from 60 Minutes Australia this week revealed what it calls damning evidence suggesting the Singapore Airlines flight flew directly into a developing thunderstorm while other passenger planes diverted away from the weather system.

Speaker 4 (02:57):
Tonight, our investigation into that incident reveals startling evidence that this was a tragedy that could have and should have been avoided.

Speaker 5 (03:06):
Let’s not mince words, the narrative that Singapore Airlines seems to have endorsed is pure and utter bullshit.

Matthew Hutching (03:14):
Peter Carter says 60 Minutes’ investigation echoes his law firm’s findings on the likelihood the pilots knowingly flew into or too close to the storm.

Peter Carter (03:24):
It wasn’t a freak accident at all, although the airline tries to spin it that way, presumably to avoid the compensation that they’re obliged to pay. If it was a freak accident, the damages they have to pay is strictly limited. But we’re convinced that the final report will show that that, as 60 minutes alluded to, will show that that’s just not the case at all. It’s something that should have been avoided. A competent crew would have avoided that accident.

(03:50):
You’ve got to remember when there’s negative G, people just don’t float to the ceiling; it’s like a slingshot into the ceiling. And when a correction’s applied, they go to the floor. It’s not just falling; it’s like a slingshot to the floor. Enormously serious consequences, and trying to portray it as they did originally that it was a freak accident is just, well, I want to use the word outrageous, but I think that’s… I don’t want to get on a high horse, but I just think it’s totally misleading.

Matthew Hutching (04:13):
Carter says there is no recourse for passengers who discover an injury later on after accepting the initial compensation. And he says there’s no compensation figure that can apply across the board, that every person’s circumstances have to be examined medically.

Peter Carter (04:29):
We can’t get a medical evaluation for 12 months. These sort of claims typically run well longer than that, so people have to be patient for it. I think some people have got the expectation, “Oh, it’s just a payout from the airline. We’ll get it tomorrow.” That’s not the case. That’s not how these sort of cases work.

Matthew Hutching (04:47):
Singapore’s Transport Safety Investigation Bureau released preliminary findings at the end of May, saying the flight experienced a 54-meter altitude drop in less than five seconds. Speaking on First Up shortly after the incident, Air New Zealand’s Chief Flight Operations and Safety Officer, Captain David Morgan, explained that most turbulence is well-forecast and pilots do their best to avoid it, but it isn’t a problem that’s going away anytime soon.

David Morgan (05:14):
My view is that turbulence, and we’ve seen it as a result of some of these events around the world, is occurring more frequently. So there’s no doubt about it that the issue is not going away. It’s potentially getting worse, and it’s a very good justification for passengers always remaining seated, even when the seatbelt sign is off, with their seatbelts firmly fastened.

Matthew Hutching (05:30):
An investigation into the incident on the Singapore Airlines Flight SQ321 is ongoing.