According to the 2002 QinetiQ report the 'scissors' shackle mechanism was replaced on the Tornado seat with a GS drogue bridle release system because of a failure of the MBA trial in mid October 1998. The judge failed to mention this fact in her summing up. In fact she gave that impression that MoD had the gas shackle mod fitted out of the kindness of their heart, by stating, "This design is now an “old” design. Since about 1984 MBAL has not designed any new seats with a mechanical scissor shackle. Rather it uses an improved gas-release shackle system, available for new aircraft and also for retro-fitting. The MoD contracted MBAL to carry out such retro-fitting on all inservice ejection seats, with the exception of the seats in the Hawk aircraft." The judge also failed to establish why the Hawk seats were not modified.
Had the judge gone down the "why did MoD have the gas shackle fitted to the Tornado seat?" route, the QinetiQ report would have been revealed and with it MoD knowledge that the 'scissor' shackle could jam. In my opinion the judge turned a blind eye to the report, and in doing so failed the Cunningham family and the general public.
DV