Heavens above, SVFR? Ladies and Gents, what does that have to do with things? VFR, SVFR or IFR, it matters not. I’ll not even address such things as "rogue DMEs".
Quite simply, no matter what the weather conditions are, or what Flight Rules are being adhered to, (or anything else for that matter) it is the responsibility of the Commander of an aircraft to ensure its’ safety. The good old ANO summarises it quite well "An aircraft registered in the United Kingdom shall carry a flight crew adequate in number and description to ensure the safety of the aircraft...." Period. I don't have access to the wording of the JSP with me tonight but the sentiments are the same.
Regrettably, the aircraft in question did, most tragically, crash. However, we must return to the basic legal argument, i.e. did the AVMs have evidence which proved, beyond reasonable doubt, that the two pilots were negligent? No-one has unearthed such proof. In fact, several learned bodies have decided that such proof does not exist. Even the original BOI decided that such evidence could not be found.
What we have here are two Senior Military Gents (now rtd) who decided for some reason, a reason that they have never been able to adequately articulate, to overturn the findings of the BOI. Did they just wish to make an “example” of the pilots? I hope not – for, if that were their intention, what a despicable way to do such a thing. In addition, we have a Government and MoD who have now found themselves backed into a corner and cannot quite work out how to extract themselves from said darkened recess. A pretty pickle all told – one befitting of a special episode of “Yes Minister” were it not so sad.
Alas, all the hither-to mentioned players; the SMGs (rtd), Govt and MoD, need do is admit that they made an error in attributing blame. We can then all go home. Instead, the buffoonery of the General epitomised by the comic genius Kenny Everett, alas also sadly departed, springs to mind when I picture the two SMGs (rtd) – apart from the fact that Kenny’s’ General clearly had a better grasp on reality! Or we have the two old men from the Muppets - I leave you to select the analogy you prefer! And please don’t start me on your “average” Politician. Thankfully, there are many enlightened Politicians who support common sense and our cause but, alas, the supply of Oxygen as one approaches the heady heights of the Cabinet clearly affects the brain. Gents, we trust you can help remedy this extreme case of hypoxia.
This whole affair surpasses the tragic deaths of those on board, whose families and friends will never again see those who perished on that fateful day. Onto that pain and grief, a complete farce has been heaped! The AVMs got it wrong on two counts; they could provide no additional evidence to remove the “doubt” in the original finding of the BOI. Eminent legal persons have decided that. Even worse, they forgot that, should they have wished to make a point to all those in the Military flying community, a stern reminder issued by appropriate Military channels would have clearly got their concerns across to their target audience and retained/enhanced their personal credibility. Instead they are now being linked to a certain General of dubious “theatrical” sanity! Mmmmm, good effort chaps.
When will all this end………