Originally Posted by
DaveReidUK
What other verdict that was available to the coroner should she have delivered ?
"An open conclusion will be reached where there is not enough evidence to reach any other conclusion".
That might be thought appropriate, especially given the evidence the Coroner was restricted to.
She could also have said:
"Accident / Misadventure....
Where deaths are truly 'accidental' in the sense that neither the acts causing death nor the consequences of those acts were intended."
(Unless anyone is claiming the pilot intended what happened).
As for:
"Unlawful killing
A conclusion of unlawful killing can essentially be returned in two circumstances:
(i) as a result of an unlawful act, such as an assault or murder; or
(ii) through gross negligence manslaughter."
This refers to intent, and the "conduct of the individual will always be considered against the background of all the relevant circumstances....".
And 'Misra', cited by the Coroner, also says:
"Mistakes, even very serious mistakes, and errors of judgment, even very serious errors of judgment, and the like, are nowhere near enough for a crime as serious as manslaughter to be committed".
My interpretation (because it is not clear cut, and I'm no expert) is that Unlawful Killing is unsafe given the Coroner was not allowed to explore 'the background of all the relevant circumstances' which the AAIB report referred to. Primarily, the failings of others whom the pilot (and deceased) relied upon.