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Fatal Accident Inquiries and Inquest

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Old 12th Jul 2015, 09:56
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Fatal Accident Inquiries and Inquest

Between June 1985 and July 1992 there were three aircraft accidents in Scotland in which four crew members lost their lives. They were;

(a) 14th June 1985, Buccaneer XV341, Lossiemouth.
(b) 27th June 1990, Canberra WH972, Kinloss.
(c) 9th July 1992, Buccaneer XN976, Leuchars.

Information regarding whether or not an FAI or Inquest was held for any of these accidents would be greatly appreciated in order to clearify some aspects of the FAI bill currently making its way through the Scottish Parliament.

DV
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Old 12th Jul 2015, 10:12
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Originally Posted by Distant Voice
Between June 1985 and July 1992 there were three aircraft accidents in Scotland in which four crew members lost their lives. They were;

(a) 14th June 1985, Buccaneer XV341, Lossiemouth.
(b) 27th June 1990, Canberra WH972, Kinloss.
(c) 9th July 1992, Buccaneer XN976, Leuchars.

Information regarding whether or not an FAI or Inquest was held for any of these accidents would be greatly appreciated in order to clearify some aspects of the FAI bill currently making its way through the Scottish Parliament.

DV
Not really a question for a military aviation forum, more for the Scottish Parliament/Office. FAIs are a civil matter.
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Old 12th Jul 2015, 10:18
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And what about the 10 crew who died in WR965 on South Harris in 1990? That is also in Scotland the last time I checked.
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Old 12th Jul 2015, 12:14
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An inquest may have been held outwith Scotland if the deceased was repatriated to NI, Wales or England.

Sorry DV, can't help, but keep up the fight.



Not really a question for a military aviation forum
Bear with it. It definitely is.
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Old 12th Jul 2015, 12:22
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KG86:-
Not really a question for a military aviation forum, more for the Scottish Parliament/Office. FAIs are a civil matter.
Classic! The sounds of thudding stable doors reverberating throughout Whitehall. As dervish says, I fear that you are greatly mistaken KG.

Keep up the good work, DV. The truth will out, always!
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Old 12th Jul 2015, 12:33
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Sadly as well as the Shackleton there were other accidents that took place in Scotland over that time period with further fatalities. Is there any reason for focusing on these particular 3?
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Old 12th Jul 2015, 19:34
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CHaps,

Have a look at DV's previous posts. He has a habit of taking one accident at a time. He is genuinely trying to establish if inquiries were held into these service deaths.

He is trying to do a good thing here.

In the case of the Harris Shackleton crash, it's easily confirmedno FAI was held.

HC Deb 20 March 1991 vol 188 cc154-5W 154W
§ Miss Lestor To ask the Secretary of State for Defence for what reasons it was decided not to hold a fatal accident inquiry into the RAF Shackleton crash on South Harris in 1990.
§ Lord James Douglas-Hamilton [holding answer 15 March 1991]: I have been asked to reply.
On behalf of my noble and learned Friend the Lord Advocate, who has responsibility for fatal accident inquiries, I advise the hon. Member that the question whether such an inquiry should be held received careful consideration. It is not the practice of the Lord Advocate, however, to divulge his reasons for deciding not to hold an inquiry.
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Old 12th Jul 2015, 19:49
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Sadly as well as the Shackleton there were other accidents that took place in Scotland over that time period with further fatalities. Is there any reason for focusing on these particular 3?
Skeleton and Shackman you a right to point out the omissions. There is nothing special about the three accidents that I identified, I simply selected a snap-shot of some accidents during that period in order to try and establish if any public enquiries took place after the BOI's. The loss of Shackleton WR965 should have been followed up in the same as the Hercules crash in May 1993 when the victims were repatriated to England for an Inquest. Did this happen?

I guess I should have broadened my search for information to cover fatalities between 1976 (the introduction of the current FAI act) and the MoK accident in 1994.

DV
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Old 12th Jul 2015, 20:19
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He is trying to do a good thing here.
Thanks Davef68. The reason given for not holding an FAI is most strange, as the families should have been informed

DV
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Old 15th Jul 2015, 20:11
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The purpose of an FAI under the 1976 is to establish a defined set of data related to the death. It does appear that when a specialist enquiry has already taken place which establishes the same key data, a FAI is less likely to be held.

Of course all of these crews were at work at the time of the incident so an FAI should be automatic.
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Old 15th Jul 2015, 22:58
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Originally Posted by Shackman
And what about the 10 crew who died in WR965 on South Harris in 1990? That is also in Scotland the last time I checked.
Or the 819 SQN Navy Sea King crash near Leuchars in Jun 85. 1 killed, 1 badly injured and 2 minor injuries.
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Old 16th Jul 2015, 10:24
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It does appear that when a specialist enquiry has already taken place which establishes the same key data, a FAI is less likely to be held.
According to the 1976 Act only information taken during a public criminal investigation is acceptable. Lord Philips made it quite clear during his MoK inquiry that a BoI is an internal process that is not a substitute for a legal inquiry into the circumstances of a death.

Of course all of these crews were at work at the time of the incident so an FAI should be automatic.
This, like a number of other accidents, involved work related deaths; the Act was intended to cover that category. It even uses the word 'occupation', which according to Lord Cambell of Croy (House of Lords 9th Dec 1975) would seem to cover an accident in virtually any kind of employment. However, as I have stated before, the Crown Office of Scotland has latched on to another word use in the Act, that of 'employee'. They claim that under Scottish law members of the armed services are not employees, so no mandatory FAI. A discretionary can be called by the Lord Advocate, in the public interest, but there is no record of that ever happening since the introduction of the 1976 Act.

Or the 819 SQN Navy Sea King crash near Leuchars in Jun 85. 1 killed, 1 badly injured and 2 minor injuries.
Do you know if this, or any other fatal accident, was followed up with an FAI or Coroner's Inquest?

DV
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Old 16th Jul 2015, 14:31
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IIRC 12Sqn were unfortunate in loosing a Buccaneer of Orkney Isles in April 87. Unfortunately both crew were lost. I was on shift on D Flt 202 that night.
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Old 17th Jul 2015, 00:40
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Sea King crash

Do you know if this, or any other fatal accident, was followed up with an FAI or Coroner's Inquest?

DV[/QUOTE]

I very much doubt it as even 30 years ago some of the contributary causes of the accident would not have held The Navy out in a good light.
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Old 17th Jul 2015, 10:31
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I very much doubt it as even 30 years ago some of the contributory causes of the accident would not have held The Navy out in a good light.
I'm completely confused. The Scottish Legal System is renowned globally (think Lockerbie) for doing its own thing. Not the even the President of the US has any clout with the jocks. The chances of the RAF/RN/Army/MOD being able to exert pressure on the Scottish Legal Hierarchy is on the negative side of zero.

So why the implied remarks that the alleged shortcomings of the Scottish FAI procedure have anything whatsoever to do with the military???????? Or am I reading it wrong???
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Old 19th Jul 2015, 18:27
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TOFO

For a very long time I would have wholeheartedly agreed with you. I sat in the High Court of Appeal in 1972 and listened to Lords Stott and Robertson give MoD (and a Sheriff) the most God awful earful. Lord Murray, the Lord Advocate when the FAI rules DV mentions were laid down, would in his heyday have taken the Crown Office and Procurators Fiscal to the cleaners over this current misinterpretation. (And may still do).

But there has recently been a noticeable shift. Lord Philip didn't speak up when both Houses disgracefully misrepresented his Mull of Kintyre report; although Malcolm Bruce came close when acknowledging that all politicians lied! It must be very clear to the CO and PF that the Paisley Sheriff was serially lied to by MoD in 1996 but they said nothing; yet they have a duty to try to prevent recurrence. (Shared by Coroners).

I think you always have to ask who benefits from decisions or rulings; in this case it is MoD. You also have to study what MoD is prepared to lie about. It is ludicrous to claim there is no public interest. JSP553 clearly says there is. It was a lie to claim CWS could not have been in the Moray Firth Tornados. DV uncovered evidence from the early 90s that CWS was good to go, but was delayed for many years. The same lie was told on C130 XV179, when MoD claimed not to have known about ESF until after the crash. The Coroner was not amused when presented with MoD's own ESF specs dated 25 years earlier. I'd say that Wiltshire Coroner was far more robust than the current crop in Edinburgh.

MoD's influence may be subtle. Perhaps just an establishment notion they must always be given the benefit of considerable doubt. MoD is self healing. You'd like to think they'd learn lessons after being caught out committing very serious offences on Nimrod, Chinook, Hercules, Tornado and, especially, Sea King ASaC (which is perhaps the daddy of them all). But they don't. So DV, keep digging.
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Old 20th Jul 2015, 05:29
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So why the implied remarks that the alleged shortcomings of the Scottish FAI procedure have anything whatsoever to do with the military???????? Or am I reading it wrong???[/QUOTE]

I think that is more the influence that MoD had in those days. The trust us, we will investigate and let you know what happened was alive and well and was trusted by civil authorities.

Also, there wasn't the push from the public providing the impetus for the civil authorities to become involved. Most people just accepted what they were told and the detractors were given little press time and ignored (unless they were really important or cashed up).

Last edited by ALTAM; 20th Jul 2015 at 05:34. Reason: Error correction
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Old 20th Jul 2015, 07:42
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Originally Posted by tucumseh
The same lie was told on C130 XV179, when MoD claimed not to have known about ESF until after the crash. The Coroner was not amused when presented with MoD's own ESF specs dated 25 years earlier.
It is a distortion to say that the MoD lied over ESF. Whilst it exposed a massive gap in corporate knowledge it would be unfair to compare this to a deliberate lie - those that were asked simply did not know.

I do agree that the MoD and BoI president were inexcusably slow to react once the true facts became known during the inquest. There should have been zero delay in informing the coroner.
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Old 20th Jul 2015, 09:14
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JTO:-
It is a distortion to say that the MoD lied over ESF... it would be unfair to compare this to a deliberate lie - those that were asked simply did not know.
Seems fair enough to me. If the MOD was offered ESF as part of the ex-factory fit and declined, then further lobbied by the sharp end for that protection in many of the hot spots that the fleet was deployed to and declined, then declares no knowledge of the process whatsoever, that constitutes a lie in my book.

No doubt many of those sent to (mis)represent the MOD at inquests, FAIs etc were selected for the task not for their knowledge but for their lack of it, but that very cynical act is part of the lie also. The MOD is a prolific liar, to the extent that it now believes many of its own lies. That still makes it a liar.
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Old 20th Jul 2015, 10:27
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But that is not what happened Chug.
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