This is about protecting very senior RAF officers who signed off to say it was safe to operate Tornado GR4 (Tolerable and ALARP) in Class G airspace without CWS. They should, according to MAA regs, justify their decision in a court of law. The previous DG MAA stated in a letter to the 2nd PUS in Feb 2011 that their assessment was flawed, and concluded by saying "I feel safe to assume that, were a catastrophic collision occur, those involved in delaying or deleting the programme would inevitably face detailed scrutiny."
Also, the Crown Office needs to bring its interpretation of "employee" in line with Lord Neuberger's ruling in the Snatch Land rover case. The crews were MoD employees, and this mandates an FAI.
DV