PPRuNe Forums - View Single Post - Martin Baker to be prosecuted over death of Flt Lt. Sean Cunningham
Old 3rd Mar 2018, 21:18
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EAP86
 
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Originally Posted by Distant Voice
The way I read the regulation, in the case of the Red Arrow accident, the AOC 22 Group should have appeared at the inquest and justified how his platform (and seat) met the tolerable and ALARP criteria that he had signed off on.
DV,

Unfortunately the HSE chose not to charge any of the DHs (or other MOD individuals) involved and, of course, they cannot take the MOD to court. BTW the 'tolerable' bit of 'tolerable and ALARP' isn't part of UK law, just part of the MAA's regs. I'd expect the court to interrogate witnesses about previous safety incidents and what was done to fix any failings arising. If the witness cannot answer with details showing that they did everything they reasonably could to prevent recurrence, they may be in some trouble. A Solicitor once told me that the best layman's definition of ALARP is "what would you tell the Judge?"

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