If I have missed something in an earlier post or am barking up the wrong tree then I apologise in advance to all however….
While I am neither an ATCO nor a member of the RAF, I do have some considerable knowledge of Courts Martial proceeding – or more importantly the route to Courts Martial.
It has been mentioned that the decision to take this matter before a Courts Martial was made at Air Rank. Well – theoretically at least – a case can only be remanded for CM if one of the following two conditions are met.
1. The alleged offence is contrary to the equivalent civil charge covered by the RAF Act.
2. The offence carries a higher penalty than the Unit Commander or Next High Authority is allowed (under the powers of subordinate commander) to award.
The point of this is that the evidence should have been tested at subordinate command level before being remanded. As a very lowly PPL(A) I am fully aware of my responsibilities as far as terrain avoidance is concerned when receiving a RIS –in whatever language or variation of language I requested it in - therefore there should have been no case to answer and that fact should have been established at the initial hearing.
Having remanded the accused for CM, all the papers are sent to the next higher command where the evidence is tested again not only by that Commands staff but by the relevant arms Legal Services.
(I have deliberately missed bits out but only for brevity – the jist is all there)
The correct procedure was followed, I am sure, but some spineless wonder at some point in the chain of command failed to put a stop to the proceedings.
The problem here – as I see it then – is political expediency or the old boy network working in the wrong direction for whatever reason. It is shameful and smacks of the standard service maxim of “March in the Guilty B****rd”. I had though this mentality, that so prevalent whilst I was a serving member of another of HM Forces in the 70’s and 80’s, had dissipated after a number of high profile cases were lost for very much the same reasons as this case should be lost by the RAF.
The unfortunate issue here will become not the first charge but the second (where although I am sure the Officer is Not Guilty) will be proven by virtue of the wording and subsequent twisting of facts to fit the charge.
I have great sympathy with this Officer – the system very often gets it wrong for all the wrong reasons. I have never regretted my decision NOT to convert my SSC to Regular C – at least I do not have to put up with the s**t.