PPRuNe Forums - View Single Post - Martin Baker to be prosecuted over death of Flt Lt. Sean Cunningham
Old 18th May 2017, 08:30
  #259 (permalink)  
Just This Once...
 
Join Date: Apr 2005
Location: UK
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Yep, for the MoD and other government bodies the maximum sanction is either a Crown Sensure or a Regulation 28 (previously a Rule 43). Of course, those that claimed an adequate safety case when one did not exist can be sentenced for up to 2 years with or without a fine - even if no incident arose due to the failing. The mere act of failing to check is enough for a prosecution (Armed Forces Act 2009).

Of course, nobody has ever been prosecuted and the non-existent ejection seat safety case was relied upon and quoted in a coroner's court previously. Hopefully the court will remember that Sean Cunningham's death was not the first that questioned the Mk10 safety management and airworthiness.

Air Marshal Leeson used his comments on the Mike Harland accident report to champion the safety record of Martin Baker, whilst rejecting some of the report's recommendations. As to how Air Marshal Leeson could oversee and comment on the airworthiness of the Mk10 ejection seat without reference to the safety case just hangs in the air...

https://www.gov.uk/government/upload...ornado_rpt.pdf
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