ShyTorque
FL, I'd be interested to read your opinion regarding the situation I mentioned above.
I can't give a definitive answer because there are too many variables but the short answer is that there could have been a miscarriage of justice.
I note that you refer to the "second occupant" rather than passenger, and that the AAIB "failed to determine who had actually been flying the aircraft at the time - because they never asked!"
Assuming, just for the purpose of illustration, that the second occupant was flying when control was lost, the question that arises is whether he would have been prepared to tell the AAIB that he was - had he been asked.
That prompts consideration of some of the objections the AAIB raised to the use of its reports for a purpose for which they are not intended:
- If AAIB reports are frequently admitted into evidence in litigation there is the possibility that this would deter some people who are able to assist from doing so.
- Witnesses may perceive a risk of their being called to give evidence or even made defendants in subsequent legal proceedings. Witness cooperation may be less forthcoming and they are likely to be more guarded in what they say.
- Investigators may now have to mention to those concerned that any report is admissible in civil proceedings. (IMHO, there is a strong argument that they should now give such a warning.)
If, as is very likely given human nature, those factors caused the second occupant to fear being sued, then there is a real risk that he would not give be entirely forthcoming when asked about the accident.
In the accident you mentioned the pilot was killed, but the same considerations apply to pilots who survive.
_________
The implications of the decision for the conduct of litigation is just one factor.
The other is more immediately relevant to aviators: aviation safety.
Given the objectives of an AAIB investigation, anything that undermines its ability to obtain truthful information is obviously detrimental to aviation safety.
If people who could assist an investigation are not full and frank in the information they disclose, even for understandable reasons, then the AAIB is not in a position to make appropriate safety recommendations with the objective of preventing future accidents.