Court allows MH370 passengers' family to obtain audio recordings, documents

The immediate family of three passengers of MH370 were today granted permission to obtain all audio recordings and communication transcripts between Malaysia Airline System Berhad and Malaysia Airport Berhad and the ill-fated aircraft.

"The High Court allowed the application because it found that the materials are necessary for a fair trial," the family's counsel Sangeet Kaur Deo told reporters.

The case was today brought for mention in chambers before Justice Datuk Mohd Zaki Abdul Wahab.

The lawyer said the court had also set July 14 for case management.

Meanwhile, MAS' lawyer Saranjit Singh said the defendants would file an appeal against the high court's decision.

The applicants had requested for several documents among them, transcripts and communication messages, audio recordings including 'Air Ground Communication Recording', 'CMCS Recording', and 'Aircraft Communication Addressing and Reporting System logs (ACARS logs) whether in the form of voice recordings or data sent and/or received from MH370 by the two defendants before departure of the plane on March 8, 2014.

In their application filed on Dec 23, 2015, the plaintiffs also requested for all documents relating to aircraft inspection prior to the plane's departure and all documents relating to standard operating procedure for tracking, from departure to destination.

The plaintiffs said the materials were relevant to their claims besides assisting the court in making an accurate assessment and a fair decision.

On Aug 28, 2015, the family filed the suit against five defendants, MASB, MAB, Malaysian government, Department of Civil Aviation director-general and Royal Malaysian Air Force chief.

However on March 30, the high court allowed the government, DCA director-general and RMAF chief's application to strike out the suit against them after deciding that the three parties had not breached their duties and responsibilities.

Brothers Tan Wei Hong, 16, and Tan Wei Jie, 14, sued the defendants over the loss of their parents, Tan Ah Meng, 46, and Chuang Hsiu Ling@ Cindy Chuang, 45, who were directors of an engineering and construction company, and elder brother Tan Wei Chew, 19.

Aside from the siblings, the other plaintiffs are Ah Meng's parents, Tan Hun Khong, 85, and Lai Chew Lai, 83, and Hsiu Ling's mother, Chuang Hung Chien, 76.

On Jan 29, 2015, DCA director-general Datuk Azharuddin Abdul Rahman announced that the disappearance of MH370 had been declared as an accident under the International Aviation Regulations, and that all 239 passengers and crew presumed to have perished.

The Boeing 777-200ER left Kuala Lumpur International Airport at 12.40pm on March 8, 2014 enroute to Beijing and disappeared from radar an hour later.