An aviation lawyer representing passengers on Singapore Airlines Flight SQ321, which flew into severe turbulence over Myanmar in May 2024 leaving one passenger dead and dozens injured, has urged passengers to “rush to their lawyer” today as the statute of limitations ends and the investigation report was released.
The Transport Safety Investigation Bureau (TSIB), releasing its findings on Tuesday (May 19) ahead of the second anniversary of the incident, said a visual check of the flight path by pilots also suggested clear skies immediately ahead of the aircraft.
The incident on May 21, 2024, which resulted in the death of a British grandfather and, amid the dozens injured, eight Australians hopsitalised, after the Boeing 777-300ER flight from the UK to Singapore, in Star Allliance livery, hit severe turbulence and encountered sudden and extreme turbulence over south-west Myanmar while cruising at 37,000ft.
TSIB said it remained inconclusive whether the aircraft’s weather radar malfunctioned, noting that while manufacturer testing found no evidence of failure, “the possibility of this cannot be ruled out”.
Maintenance records added further complexity, with TSIB highlighting instances where the same aircraft’s radar failed to display weather events just days before the incident. The bureau also pointed to observations from the return flight from Bangkok, where pilots reported the system appeared to understate weather conditions after the emergency diversion.
Should never have happened
Capner Law director Peter Carter said the TSIB report has been a long time coming, but “debunks what the airline first said about the accident”.
“The airline had the travelling public worldwide terrified on the suggestion that the accident was unavoidable because it was ‘clear air turbulence’, yet the report concludes what we have said all along, which was the accident was caused by flying in proximity to thunderstorms, which should never have happened,” he said.
Carter also said the suggestion that the weather radar was deficient “doesn’t get the airline off the hook”.
“The report says the airline was aware that the radar on that aircraft was potentially “underpainting” convective turbulence,” he said.
“The crew knew that thunderstorms were predicted in that location. They knew from their training that aircraft can be severely affected by storms even if they are at a significant distance.”
He said the report leaves open the question as to whether or not better attenuation of the “gain” on the radar symptom might have shown up the clouds and rain, and whether disengaging the autopilot was appropriate.
Last day to file claim
Carter reiterated that today is the last day for filing claims in court against the airline and believes the report justifies them seeking compensation.
He also emphasised that passengers who accepted an advance payment in 2024 are still eligible to recover compensation for the full extent of their injuries.
However, he said any passenger who accepted compensation subject to the Montreal Convention Tier 1 limit of US$202,000 should feel cheated.
“The report establishes that the airline has 100 per cent liability for all proven passenger loss and damage and that the Tier 1 limit does not apply.”
Carter said his firm will be relying on the TSIB report to support the ongoing claims against the airline by the seriously injured passengers it represents.
“The investigation’s findings prove the massive +G and -G forces to which passengers were put after the initial updraft that subjected them to +1.57G, a change of 2.85G within 0.6 seconds and then from -1.5G to +1.5G18 (i.e. a change of 3G).”
At the time of the turbulence, SQ321 was carrying 211 passengers and 18 crew members. The aircraft was cruising at Mach 0.84, or around 1,037kmh, when it encountered rapidly changing atmospheric forces. The aircraft then experienced abrupt gravitational shifts ranging from plus 0.44G to plus 1.57G within 17 seconds, reflecting a violent change in vertical acceleration.
Within seconds, vertical acceleration swung from plus 1.35G to minus 1.5G, throwing unsecured occupants into the air before forcefully bringing them back down as G-forces rebounded to plus 1.5G.
“Passengers weren’t just floating around the cabin; they were being flung with enormous force. Hence the devastating injuries that resulted,” Carter said.
Post-incident analysis found inconsistencies in radar performance on the aircraft during previous flights, including several in May 2024 where one radar unit displayed reduced or no weather information.
TSIB has recommended improvements including enhanced guidance from Boeing for detecting radar malfunctions, as well as new requirements for recording cockpit display data on larger aircraft certified before 2023.
The airline apologised for the incident, stating: “We sincerely apologise to all passengers and crew members on board flight SQ321 for their traumatic experience. The safety and well-being of SIA’s passengers and staff are our top priority.”
