That's not a fact, that's your opinion until it's tested in court.
MoD likes to say this, knowing very well that the CPS and HSE - and Crown Office in Scotland - run a mile whenever asked to consider prosecution. For example, in the 2011 Red Arrows case (XX177), and despite MoD openly admitting imprisonable offences, both CPS and HSE announced there was no evidence of wrongdoing. After a full confession? This leaves it to the families to re-mortgage properties or take out loans to fund legal assistance. Even then, few engage with expert witnesses who actually understand the issues. On the rare occasions they have, MoD's so called experts have been utterly destroyed in court. (Nimrod XV230 and C130 XV179 are the obvious ones). There's a reason why Star-ranking officers and officials don't appear as witnesses. They'd have to lie, or accuse their subordinates of lying.
MoD also forgets its own teaching. This activity (risk/hazard mitigation) is not presumed safe (innocent) until proven unsafe (guilty).
The Safety Management System and its outputs must prove the system or aircraft is safe before Service use; including risks to be ALARP and tolerable. There is a different starting point to the legal process.