Originally Posted by
Easy Street
Does there have to be an accident for an offence to be committed? I'm just wondering if anyone who flew in a Mk10 seat could make the necessary complaint against the MOD, on the basis of having negligently been put at risk by incorrect maintenance procedures.
If someone did, they'd only have to quote the Judge's remarks, as this was a key element of the alleged offence:
"By this breach MBAL exposed each RAF pilot [and any passenger] flying a Hawk to a material risk."
She had to refer to Martin-Baker, so to aim the complaint at MoD you'd (e.g.) submit the fact that MoD declined to mitigate the risk in 1984 when the Gas Shackle was designed, and there was no safety case.