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Old 13th Aug 2004, 18:20
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Brian Dixon
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Hi everyone.

Just to let you all know that James Arbuthnot MP had his promised meeting with the Prime Minister on 7 July. Unfortunately he was not in a position to make this public knowledge until a response was received regarding Mr Blair's views.

And here is that response........

10 Downing Street Headed Paper

Dated: 27 July 2004

Dear James,

Thank you for coming to see me on 7 July with other members of your group. I promised to give further consideration to your representations on the Mull of Kintyre air crash. We all agree that this was a terrible tragedy and we have examined all the evidence with meticulous care, compassion and thoroughness.

I know that many have found the findings of the RAF Board of Inquiry, particularly the judgement against the pilots, difficult to accept. I appreciate that this has been very hard for their families and I have the greatest sympathy with them.

In considering the evidence and the Board’s report, Air Marshal Day, himself a highly experience helicopter pilot, discounted, through lack of evidence, any possibility of technical failure having a bearing on the accident. He considered the actions of the crew in approaching a deteriorating weather situation while flying under visual flight rules. He concluded that they had failed either to ensure that they remained under visual conditions (which would on all accounts have been perfectly possible, by turning away or back), or to make an appropriate transfer to flying under instrumental rules (by selecting an appropriate rate of climb early enough to ensure proper separation from the terrain). Instead, the crew continued to fly the aircraft at high speed and at a low level towards rising ground. As the crew were experienced, and trained to cope with such a change, Air Marshal Day reluctantly concluded that the actions of the crew were the direct cause of the crash.

I recognise that the standard of proof required for Reviewing Officers to arrive at such a decision is necessarily high. Before reaching such a judgement the Air Marshals were required to consider the evidence as a whole, and then use their own experience of military flying. If after this they were left with no honest or genuine doubt that the air crew had been negligent, it was their duty to find accordingly.

From the detailed study by the Air Accident Investigation Branch inspector, it is apparent that there was no catastrophic airframe failure prior to the first impact. Campaigners have therefore considered the possibility of some form of “untraceable” problem that cleared itself before the actual crash. They have concentrated on the Chinook’s FADEC system. But all the available evidence indicates that the engines were working normally up to the point of impact.

Both Geoff Hoon and I are conscious that the other bodies that have looked into this case have disagreed with the findings of the Board of Inquiry. The most detailed analysis of the Board was conducted by the House of Lords’ Committee. The Ministry of Defence studied the Committee’s report in detail and responded on 22 July 2002. I am sure that you will be familiar with this response, but I attach a copy for you as this provides a comprehensive account of our consideration of this case.

When the Government was elected in 1997, and again when Geoff Hoon became Secretary of State, the details of this case were studied carefully. If an injustice had been done, we would have been able to correct it and exonerate the pilots. But despite having approached this case with a degree of scepticism about the findings, we can still find no fresh evidence or other cause to overturn the verdict of the Board of Inquiry.

We will of course look at this again if any new evidence arises. Geoff Hoon would also be willing to arrange a briefing for your group to discuss the facts of the incident if you would find that helpful.

I am copying this letter to David Davis, Sir Menzies Campbell and Martin O’Neill.

Yours ever,
Tony


I have my own opinions as to the content, but will leave you all to read and digest its content prior to starting the responses!

The only thing I promise, is that I am not ready to give up just yet!

My best, as always,
Brian

"Justice has no expiry date" - John Cook
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