Shortly before publication of the Board of Inquiry report the Lord Advocate concluded that a Fatal Accident Inquiry was necessary because some of those on board at the time of the crash were engaged in the course of their employment.......
And there lies the problem. Members of the Armed Forces were, and are still not, regarded as "employees" by the Lord Advocate. This is dispite Lord Neuberger's ruling in the Snatch Land rover case. An FAI took place for the Mull accident simply because civilians were on board the Chinook
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