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Old 6th Apr 2016, 08:09
  #1512 (permalink)  
Flying Lawyer
 
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Thomas coupling
Why is it that when someone points out errors, the CAA don't correct the report?
The CAA (like other interested parties) is entitled to submit comments for consideration by the AAIB at the draft stage before the final report is published but it has no power to "correct" a report.
Rightly so, IMHO. There are occasions when the AAIB makes adverse comments about a role played by the CAA. The CAA should not have power to remove them.
There is nothing to prevent the CAA from stating publicly that it does not accept AAIB findings/recommendations. It sometimes does.

I was reassured to read that the Chief Inspector emphasised the independence of the AAIB and, in particular, express concern that it should not be drawn into litigation. I have had professional experience of a very different attitude.

In a criminal case in which I was involved as defence counsel which arose from a fatal accident, far from maintaining independence, the most active (not most senior) inspector became far too close to the police during their investigation.
That was very obvious at the preliminary court hearings. He was not only huddled in private conversation with the police/prosecution team before and after the hearings - I suppose they could have been discussing the weather - but even sat with them during the hearings.

The AAIB did not support my objection to the report being used in evidence.

In the same case, it was suggested to me by a now retired senior person in the AAIB that it should become involved in the trial as independent expert witnesses. I rejected the suggestion, partly because I did not regard the particular inspector (the one mentioned above) as independent and partly because our own experts had found significant flaws in the AAIB's findings and reasoning.
The disputes were not resolved because, for other reasons, the case did not ultimately proceed to trial.

The AAIB has an excellent reputation which in my view is justified. However, contrary to assumption by some people (including some in these forums), the AAIB makes mistakes from time to time – just like the rest of us.

Being independent does not mean always being right.

.

Last edited by Flying Lawyer; 6th Apr 2016 at 08:19.
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