Text of Letter being sent to Rt Hon Tony Blair MP
Dear Prime Minister
RAF Chinook Mark 2 helicopter, ZD 576, that crashed on the Mull of Kintyre on 2 June 1994
As a lawyer you will be aware that in order to prove negligence there are three obstacles that have to be overcome.
1 That a duty of care was owed
In the case of Flt Lts Cook and Tapper the pilots of an RAF Chinook Mark 2 helicopter, ZD 576 that crashed on the Mull of Kintyre on 2 June 1994 it is accepted that they owed a duty of care to the occupants of that aircraft.
2 That the duty of care was breached
The House of Lords Select Committee on Chinook ZD 576 published on 31 January 2002 concluded in para 174 that “we have considered the justification for the Air Marshals' finding of negligence against the pilots of ZD 576 against the applicable standard of proof, which required "absolutely no doubt whatsoever". In the light of all the evidence before us, and having regard to that standard, we unanimously conclude that the reviewing officers were not justified in finding that negligence on the part of the pilots caused the aircraft to crash”.
RAF rules in force at the time provided that deceased aircrew could be found negligent only where there was absolutely no doubt whatsoever.
3 That damages flowed from that breach
As there was no finding of breach of duty this does not apply.
I would be grateful if you could explain to me why your Government has not acted to correct the wrong caused to the deceased officers and their families in what is basically a simple matter of law and why they are not being afforded the natural justice to which they are entitled.
I look for forward to your reply
slj