I think by now we all realize that information from Malaysia has been inadequate, confusing and misleading.
The 2015 Interim Factual was an unsatisfactory document which raised more questions than it answered.
Most of us were hoping that inconsistencies from that report would be addressed in a 2016 Interim Factual and were disappointed that only a statement was published. Legal? Certainly, ICAO Annex 13 only requires an Interim Statement on the anniversary of any accident.
What hasn’t been addressed is a common law requirement to comply with the meaning of the law. That means that whatever regulations state, the intention of those regulations should be complied with regardless of the specific wording. There is also ICAO Doc 9756 which although referring to Final Reports could be construed as referring to any Factual Report including Interims.
For that reason I’ve drafted a petition linked here to request clarification of the radar information provided in the 2015 Interim Factual.
The implications of BITOD.
If MH370 did reach BITOD, then a simple speed calculation shows that the speed required to subsequently make the 1730 UTC position from Kota Bharu while maintaining high level, is impossible. Nor could it have descended and climbed again to reach a height of 35,700 ft at that point as stated in the 2015 Interim factual.
Even worse, the speed would be too fast to intersect the 1825 UTC ping arc.
Right click all images for readability.
(Nor could Malaysia be bothered for an official report !)
1. Crew Chief, responsible for co-ordinating traffic in and out of multiple adjacent sectors manned by two or more radar controllers. At night he’s not required and his duties are performed by a radar controller.
2. Radar Controller, responsible for directing and communicating with aircraft within his sector and at night the duties of 1.
3. Planning Controller, responsible for co-ordinating traffic with external units, allocating outbound flight levels, ensuring that 2. has accurate data, supervising 4.
4. Data Controller (in Malaysia, assistant in other centres ) responsible for displaying data, receiving and passing estimates and anything directed by 3.
The consoles are adjacent and a Radar Controller could use a Planner line.
All of this is a description of KLATCC only. The line from HCM hasn’t been identified and it could either be a Planner or a Radar line. There is also no way of identifying the personnel at HCM so we don’t know who identified MH370’s last position as BITOD. The transcript excerpts below show that somebody at HCM ATCC was certain that it reached BITOD before dropping out.