The bypassing of Board of Inquiry in this case seems very odd indeed, particularly, as someone has already stated, one was convened and then suspended – why? I thought that the direct route to Court Martial was normally only used in more cut and dried cases where criminal acts were involved. I assume this not to be the case here. For aircraft accidents, particularly those involving fatalities, a Board of Inquiry would normally be convened and, having heard all evidence, may, or may not, have concluded that charges needed to be laid.
It appears from earlier statements that the Court Martial is now delayed awaiting disclosure of evidence. Pardon? This man has been charged without a Board of Inquiry and all the evidence has not been made available??? One would assume that it isn’t the RAF withholding evidence - that would be big trouble. Are they waiting for the USAF to disclose evidence? This could be a long wait, as I don’t think they are obliged to do so. Incidentally, did the USAF hold a Board of Inquiry in which the RAF participated or was this a closed shop? Whatever way you look at it, it seems that the cart is being put before the horse.
As has recently been demonstrated, very senior officers have the ability to dictate or interfere with the judicial process within service law. My cynical view is that this is precisely what has happened in this case. We come back to the ‘blame culture’ and is this just an act of appeasement to the USAF by the RAF hierarchy, using this controller as the sacrificial lamb?
Unfortunately, as a result of this course of action, a man’s career, livelihood and freedom are now on the line and, to defend himself, his employer has forced him into a very expensive process – this may not have been necessary had a Board of Inquiry been held. So, even if the charge(s) are not proven, this man , or his Guild, will have to pick up the tab. Hardly seems fair does it? Perhaps some Ministerial answers should be sought. I would have thought that the last thing the Minister would want is yet another high profile case that might, once again, question the actions and decision making of his RAF hierarchy.
In the meantime, this gentleman and his family must have been under a lot of stress for a very long period of time ( accident March 2001 ? ). How long are the RAF prepared to continue this torture if evidence is not forthcoming ? Does ‘duty of care’ enter the equation ?
The very best of luck to you – I hope common sense and justice prevails !