(OT) You have to love Blackwater!

U.S. company: crash lawsuit governed by Islamic law
Company is sister to N.C.-based Blackwater
Joseph Neff and Jay Price, Staff Writers
Comment on this story

RALEIGH - To defend itself against a lawsuit by the widows of three American
soldiers who died on one of its planes in Afghanistan, a sister company of
the private military firm Blackwater has asked a federal court to decide the
case using the Islamic law known as Shari'a.
The lawsuit "is governed by the law of Afghanistan," Presidential Airways
argued in a Florida federal court. "Afghan law is largely religion-based and
evidences a strong concern for ensuring moral responsibility, and deterring
violations of obligations within its borders."

If the judge agrees, it would essentially end the lawsuit over a botched
flight supporting the U.S. military. Shari'a law does not hold a company
responsible for the actions of employees performed within the course of
their work.

Erik Prince, who owns Blackwater and Presidential Airways, briefly discussed
the lawsuit in a meeting today with editors and reporters at The News &
Observer. Prince was asked to justify having a case involving an American
company working for the U.S. government decided by Afghan law.

"Where did the crash occur?" Prince said. "Afghanistan."

Joseph Schmitz, Prince's general counsel, said Presidential Airways was
asking the federal judge to follow past U.S. cases where courts have applied
another country's laws to resolve damages that occurred overseas.

The crash of Blackwater Flight 61 occurred in the rugged mountains of
central Afghanistan in 2004, killing three soldiers and the three-man crew.

The widows of the soldiers sued Presidential Airways, Blackwater's sister
company, which was under contract with the U.S. military to fly cargo and
personnel around Afghanistan.

Presidential Airways argued that the lawsuit must be dismissed; legal
doctrine holds that soldiers cannot sue the government, and the company was
acting as an agent of the government.

Last year, a series of federal judges dismissed that argument.

In April, Presidential asked a federal judge in Florida to dismiss the
lawsuit because the case is controlled by Afghanistan's Islamic law. If the
judge agrees that Afghan law applies, the lawsuit would be dismissed. The
company also plans to ask a judge to dismiss the lawsuit on the
constitutional grounds that a court should not interfere in military
decision-making.

The National Transportation Safety Board has blamed the crash on
Presidential for its "failure to require its flight crews to file and fly a
defined route," and for not providing oversight to make sure its crews
followed company policies and Pentagon and FAA safety regulations.


.

Loading