Originally Posted by
falcon900
It is difficult to see how the family could go after anyone other than MB, who are the guilty party of record, and while this may yield a financial outcome, it would do nothing to address the underlying issues. A judicial review of the DPPs actions on the other hand.....?
If further proceedings were considered against MB, the obvious difference would be that previously suppressed evidence, now in the public domain, would be considered. It wouldn't get to court, as any solicitor would point out to the complainant that MB had nothing to do with it, and that the Judge's remarks, the SI report, and MoD's regulations, made this crystal clear. There can only be one complainant here, and the family are well aware of who is to blame, saying they were 'appalled' at MB being prosecuted.
Then...? I don't know. A legal review, similar to the Nimrod and MoK Reviews? (Good examples, as the same evidence would be produced). It was asked before the trial if MB could call Haddon-Cave as a witness. I assume MB didn't want that, as they needed to get the case out of the way by a certain date. In any case, their specialist aviation legal firm had never heard of the Nimrod Review (!), so would take ages to get up to speed.
However, the police have an enduring duty to consider new or fresh evidence. Here, Lincs Police have refused, their Chief Constable ruling that unless directly affected by the alleged offence, one is 'not permitted' to lodge a complaint. This has been upheld by the Independent Office for Police Conduct. Similarly, the Health and Safety Executive (the Prosecution). They are not required to take evidence from witnesses, and were permitted to ignore evidence disclosure rules. Like MoD, they are allowed to judge their own case.
At a more basic level, these things cost money; and it is normal for MoD to limit compensation to that of legal costs, subject to a Non-Disclosure Agreement. My guess is the family is not sitting on a pile of compo. And the firm that originally represented them now has a conflict of interest - something that also arose during the Mull of Kintyre case. Likewise, individuals and companies who would have been able to speak for MB at trial are under NDAs to the HSE.