The families of those killed in the 1976 Double Six air crash have shelved their plans to take legal action over the incident, citing legal costs, time and fatigue.
A source close to the families told The Vibes that the legal move — first proposed in 2023 after both Malaysia and Australia declassified their investigation reports — has stalled.
“They were advised to sue Australia, not Malaysia. “But it would cost millions of ringgit.
“They would be on their own. That’s why the effort has been shelved,” the source said.
The June 6 crash killed 11 people, including then Sabah Chief Minister Tun Fuad Stephens and several members of his Cabinet.
The GAF Nomad aircraft went down near Kota Kinabalu shortly after departing Labuan following key meeting involving state oil rights.
The aircraft was manufactured in Australia and has a troubled history — involved in 19 crashes and blamed for 56 deaths before it was pulled from service, according to a 1995 Australian documentary by the Australian Broadcasting Corporation’s (ABC) Four Corners documentary programme titled Lies in the Sky.
But the Malaysian and Australian reports declassified in 2023 both pointed to pilot error and overloading.
However, they also revealed Sabah Air lacked proper flight approvals and that the aircraft’s control systems had failed.
Datuk Donald Mojuntin, whose father Datuk Peter died in the crash, questioned the findings.
“The reports said the structure was intact, but the flying controls failed.
“Was that properly investigated? Why was the report kept secret for over 40 years?” he was reported as saying in 2023.
The aircraft’s manufacturer, the Australian government, and those who authorised the flight have all faced scrutiny over the years.
But legal avenues have narrowed as time passed.
“The families aren’t after money. They just want answers. But without the funds or backing, they can’t pursue legal action,” the source said.
The crash came at a critical moment in Sabah’s political history.
Fuad had been negotiating Sabah’s share of oil revenue with the federal government.
A year later, his successor, Tan Sri Harris Salleh, signed a deal with Petronas fixing Sabah’s oil royalties at 5% — a rate still seen as unfair by many in the state.
Harris, who long faced public suspicion over the crash, sued the Malaysian government in 2022 to force the report’s release.
He said he wanted to clear his name.
But even with the report declassified, many of the families say the answers remain incomplete — and justice, out of reach.
Attempts to reach Donald Mojuntin for comment were unsuccessful at the point of writing.
This year marks the 49th anniversary of the aircrash tragedy. – June 6, 2025
