Old 1st Jul 2015, 11:40
  #96 (permalink)  
PT6Driver
 
Join Date: Dec 2000
Location: I used to know
Posts: 175
Never Fretter,
So you advocate using an AAIB report as evidence in court?*
I also advocated waiting, and my reasons are that the report in most cases will show whether or not inappropriate procedures or actions have been taken.

At that point it is up to the police or apropiate body to conduct their own investigation and decide if a prosecution is appropriate. The focus of their inquiries will inveitably come from the AAIB report, but with the crucial difference that the AAIB report is focused on safety.
The report is publicly available and will thus be available to law enforcement agencies by default. It would be highly inappropriate to resrict access to that report.
The evidence in court would come from their investigation.
However AAIB officials have appeared in court and presented evidence based on their investigation. These were inquests, however I am not sure if they have appeared in prosecution cases.
If the law enforcement agencies wished access to CVR data they would have to show a compelling reason so to do.

In this case they have not shown any compelling reason, nor have they shown why it is so urgent that they have the data now as opposed to waiting a few months.

Last edited by PT6Driver; 1st Jul 2015 at 11:43. Reason: clarification of text
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