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Old 18th May 2017, 10:40   #261 (permalink)
 
Join Date: Feb 2003
Location: uk
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I was thinking of the previous decision by the CPS not to prosecute MoD.
This decision only addressed the seat servicing. The CPS, as ever, evaded its responsibility to address corporate level failings. (Followers of the Nimrod XV230 case may recall it and Thames Valley Police lied to families, saying no-one would come forward with evidence, omitting to say they were sitting on witness statements).

JTO - good post. If I might just add a reminder that it is MoD's responsibility to ensure a valid Safety Case. It is inconceivable that Martin Baker don't hold the necessary evidence, but likely that they were simply not under contract to produce the mandated Safety Case Reports - again, similar to Nimrod XV230. More than likely, given public admissions by the former IPTL.
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Old 18th May 2017, 14:11   #262 (permalink)
 
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From what I understand the prosecution of MB is appropriate and follows quite a few issues at that company. Somehow a halo-effect took hold around MB, its designs and its ability to honestly investigate, learn and communicate issues with the seats. Worryingly they seem to have addressed design issues with some customers whilst leaving others in the dark.
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Old 6th Nov 2017, 10:47   #263 (permalink)
 
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I wonder if anyone stumped up to attend the lecture about XX177 by MoD's Hawk Type Airworthiness Authority (at the time of the accident) last month at the University of Chester? He was a witness at the Inquest. Did he mention why there was no safety case report to be found? Or the impact this had on the validity of the aircraft safety case?

As an aside - and I'm no legal person - why are Martin-Baker prohibited from speaking to potential witnesses under contempt of court rules, while MoD employees are allowed to give public lectures when the case is sub judice? Even if permitted, a strange thing to do given it admitted serious offences.
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Old 6th Nov 2017, 11:41   #264 (permalink)
 
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Originally Posted by tucumseh View Post
As an aside - and I'm no legal person - why are Martin-Baker prohibited from speaking to potential witnesses under contempt of court rules, while MoD employees are allowed to give public lectures when the case is sub judice? Even if permitted, a strange thing to do given it admitted serious offences.
Crown employees
11 Although the Crown is bound by the general duties of the Act it cannot be prosecuted nor can it be served with improvement or prohibition notices (HSW Act s.48). (Though administrative sanctions, including Crown censure and Crown notices are available.) This immunity from formal enforcement applies to central government departments, and Crown bodies such as HM Prison Service, as well as to other organisations in specific circumstances, e.g. the Environment Agency when it is undertaking specific duties for the Minister. If you have any doubt about the status of an apparently 'crown' body then contact the Public Services Sector (Defence, Fire and Police Unit) for advice.

Prosecuting individuals - OC 130/08
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