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information that had been gathered during the investigation by the HPG and the
NTSC in the latter stages of the investigation. Although the audit was completed,
HPG members were not provided a copy for its review and evaluation. Given the
significance of this information, the report and its content should be discussed in
greater detail.
The review of section 1.18.3.3, revealed inaccuracies and exclusion of
relevant information. The NTSC draft report briefly summarized the captain’s
stock trading over a period of 7 years. Although the actual number of stock shares
that the captain traded is not relevant, the monetary value of the stocks traded, even
approximated, is significant in that it demonstrates the financial burden that he was
incurring in the later years. In addition, the NTSC draft report should contain
specific information regarding the type of trading performed by the captain (that is,
contra-trading versus buying normal shares) because it establishes that contratrading,
which the captain had been conducting for approximately 8 years, is a highrisk
activity. Further, a complete discussion of the captain’s trading activities would
provide a basis for explaining his loss of trading privileges on two occasions because
N-30
of nonpayment (the first time requiring a repayment plan that spanned months).
NTSC’S COMMENTS:
The information in 1.18.3.3 is accurate based on the
findings of the HPG report version 6.0 completed in July
1999 with corrections by PricewaterhouseCoopers in October
2000.
The NTSC draft Final Report misstates factual information developed by the
AAIC HPG as of July 1999 concerning the mortgage insurance policy that became
effective on the date of the accident. The NTSC draft Final Report states that
mortgage insurance was “required” by the mortgage lender. However, the HPG
found that mortgage insurance, which is purchased voluntarily, is generally
recommended by the lender. Also, it should be noted that the loan secured for the
purchase of this insurance had been established for at least 3 months before the
policy was issued.
It is suggested that the following revisions be made to the draft Final Report
to clarify existing information:
The mortgage insurance application was submitted November 27,
1997. The insurance was recommended and not required as part
of the loan taken by the captain in August 1997.
NTSC’S COMMENTS:
This information was updated after the HPG report version
6.0 was completed.
The captain had two training bonds that were in effect at the time
of the accident, which required repayment had the captain
voluntarily separated from SilkAir or was dismissed.
The statement that “The PIC’s accumulated total losses from
share trading increased between 1993 and 1997, with moderate
gains during 1997,” should be clarified to indicate that the captain
had experienced net losses during this period.
NTSC’S COMMENTS:
The information is based on the findings of the HPG report
version 6.0 completed in July 1999 with corrections by
PricewaterhouseCoopers in October 2000.
In addition, the NTSC draft Final Report does not adequately present
sufficient information regarding the captain’s liquidity of assets at the time of the
accident.
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Finally, the statement, “The PIC had several loans and debts at the time of
the accident” does not provide the specificity that is necessary to demonstrate the
significant debt. Also, this statement does not address the significant amount of
money that was due to be paid to the stock remiser at the time of the accident or the
fact that there were no known liquid assets from which to pay this loan. Further,
the draft Final Report does not address the credit cards debt that had been incurred
by the captain at the time of the accident. A more thorough description of this
information, even in general terms, is necessary to demonstrate that the captain’s
debts exceeded his assets. In addition, for clarity that maintains confidentiality of
specific financial amounts, the report should be modified to characterize the
magnitude of the captain’s stock losses and debts about the time of the accident in
terms of his average annual income.
NTSC’S COMMENTS:
Additional evidence not previously available to the HPG
provided a more accurate estimate of the PIC’s monthly
expenditures. As stated in 1.18.3.3 of the final report,
the PIC had no period of negative net worth.
1.18.3.4 Recent Behavior
The PIC’s family reported that events and activities were normal in the days before the
　
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