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-   -   Helicopter crew face no charges (https://www.pprune.org/rotorheads/128348-helicopter-crew-face-no-charges.html)

Flying Lawyer 28th Apr 2004 21:59

Helicopter crew face no charges
 
from BBC NEWS:

Helicopter crew face no charges

No charges will be brought against an RAF crew after a woman was fatally injured when her horse was "spooked" by a helicopter. The Crown Prosecution (CPS) decided not to take further action over the death of Heath Bell, 38, from Middle Rasen.

Lincolnshire Police investigated claims the Chinook was flying as low as 30 feet. A full inquest into the death will be held in October.

A pre-inquest hearing at Louth Magistrates Court heard Mrs Bell was riding with two friends when the incident happened in June 2003. She was thrown after her horse was allegedly startled by the Chinook. The married mother-of-two was taken to hospital but died a few hours later.

Police say the Chinook had clearance to fly down to 50 feet - but witnesses claimed it "parted trees and flattened crops".
Although the CPS will not bring charges, the Health and Safety Executive could still bring its own prosecution.

A spokesman for the Ministry of Defence told the hearing that no RAF inquiry or court martial had yet taken place.

Adjourning the hearing for a full inquest later this year, Louth Coroner Stuart Fisher recommended that a safe reconstruction of the incident should be staged.
He also ordered that a senior RAF officer should attend the inquest to explain low-flying policy and disclose any similar incidents over the past four years.


Witnesses claimed it "parted trees and flattened crops". Makes a change from witnesses claiming low flying aircraft passed between chimney pots, or they had to duck.

Ray Dahvectac 28th Apr 2004 22:57

Not over yet though, judging by the story.

And the coroner's call for a "senior RAF officer" to attend the full inquest to explain low flying retionale must fill the crew concerned with confidence.:hmm:

Scud-U-Like 29th Apr 2004 00:14

It's easy to be cynical about these things, but, it could be that a detailed explanation, by a senior officer, to the Coroner, on the workings of the UK military low flying system, might not only help to further vindicate the aircrew involved, but will also champion the cause of operational low flying training in general.

The UKLFS is well managed and, with a few rare exceptions, is used in a highly disciplined manner, with all alleged breaches of flying regulations being properly investigated. It is always tragic when low flying training results in a fatality, but, in the greater scheme of things, how many fatalities, in the air and on the ground, must such training prevent?

UK military low flying is absolutely essential and, despite the 20,000 or more low level sorties flown every year, has an enviable safety record. If, by scrutinising the past and present performance of the low flying system, the Coroner is expecting to open a can of worms, I'm afraid he's going to be very disappointed.

B Sousa 29th Apr 2004 03:08

Hey its a sad situation, but I would never ride a horse if Chinooks were around.........

A and C 29th Apr 2004 08:15

The risks of the sport
 
When you go to a Baseball game it clearly states on the back of the ticket that by buying the ticket you except the risks of the sport of baseball and likewise if you get on the back of a horse it is quite clear that the person doing so is willing to take the risks of the sport of horse riding.

I have seen horses "spooked" by all sorts of things from children playing to a plastic bag blown along by the wind , In this case it just so happend that it was a Chinook.

The only differance between a hourse frightend by a Chinook and one frightend by children or a wayward plastic bag is that the MOD has deep pockets.

I can never understand why the British middle and upper classes cant or wont see the risks involved in horse riding . They are quite happy to put young children on horses in compeditive events despite the appauling saftey record of the sport and yet if you put such young children on to a motorcycle there would be outrage on saftey grounds despite the fact that off junior road motorcycle events have a far better saftey record than horse riding.

I understand the hurt that the family of the victim of this event must feel but by getting onto a horse the victim excepted the risks of the sport , it is just spitefull to try to blame the crew of the Chinook for this accident , They were involved in a ligitament training flight nessesary for the defence of the nation.


As low flying is in the interest of all the residents of this island then it may be that we are all libal to compensate the dependants of the victim of this tragic accident via the MOD but this compensation should take into account the high risk sport that was being undertaken.

Head Turner 29th Apr 2004 11:37

This scenario of woman falling from a horse frightened by a low flying helicopter is not unique. I was on a legitimate low flying training sortie within a low flying area and after passing low over a tallish hedge noticed out of the corner of my eye a rider falling off a horse. Fortunately the rider was only shaken. I called an ambulance and the police were in attendance. The investigation went on for months and I was under constant harassment by various investigators. It was a very upsetting time for me.
The mention that the Health and Safety Executive are on the war path is frightening. HSE have more rules and more power than is reasonable.
My hope is that the senior officer will do his bit and that will be the end of it.
My sympathies go to the family of this tragic event, but like A and C believe that those who chose to participate in risky past times/sports/leisure persuits must accept the associated risks.

Heliport 29th Apr 2004 21:04

Licolnshire Echo

HELICOPTER CREW 'WON'T BE CHARGED'

29 April 2004


The crew of an RAF helicopter will not face a police prosecution over the death of a woman who was thrown from her "spooked" horse. The decision was announced at a pre-inquest hearing into the death of Heather Bell (38), from Middle Rasen, near Market Rasen yesterday. She was thrown from her horse in June last year, when a RAF Chinook Helicopter flew over her at just 50ft. Mrs Bell was taken to Lincoln County Hospital, where she died of massive head injuries 24 hours later.

Speaking at Louth Magistrates Court, Detective Constable Chris Burgess, of Lincolnshire Police said: "Based on the CPS report there will not be a prosecution."
Ed Beever, representing the Ministry of Defence, confirmed that it had not set up a board of inquiry or held a court marshal.

But Dr Andrew Turner, a principal inspector for the Health and Safety Executive, said that his organisation was still looking into the matter. "This tragic event is a death arising out of a work activity and we have a duty to investigate it," he said.

It was also decided that the jury at the inquest will be shown a video reconstruction of the incident. This will be shot from inside a Chinook helicopter, flying over the scene of the accident at 50ft and travelling at 140mph.
On board the flight, which will take place in June, will be an independent expert witness, who has 9,500 hours of helicopter flying experience. He will report his views to the jury at the inquest.
Coroner Stuart Fisher also ordered that the MoD disclose a board of inquiry report into the related case of Alexandra Nixon. The 27-year-old died when she was thrown from her horse as a low-flying helicopter passed over her in Harrogate on April 23, 1996.

And in ordering an MoD witness to appear to speak on low flying policy Mr Fisher said: "I want someone high ranking - someone who is not shackled and someone who is free to speak."

Mr Beever, on behalf of the MoD, said that the ministry was against providing an expert witness to discuss policy. But in response Mr Fisher said it was essential to the success of the inquest. "I don't know the low-flying policy at the time of the Nixon case, I don't know whether it has changed since and I don't know if the MoD intends to consider changes after this inquest - I need someone to tell me these things," he added.

The jury will also view evidence of all similar incidents in the past four years from an MoD database. Speaking on behalf of the Bell family, solicitor Tean Butcher said they were happy with the plans for the inquest. "They want a full, thorough inquiry and the coroner displayed that this is what he intends to provide," he said.
The inquest will take place on Monday, October 18, in the council chamber at Louth Town Hall.

Weasel Watcher 1st May 2004 18:35

Helicopter crew face no charges
 
Scud-U-Like`s comments are rather too partisan to be able to claim a balanced approach to the debate over military low flying within UK airspace. Not many realise that the whole of the UK below 2000feet is regarded as low flying area with the exception of Class A airspace and major conurbations. This affects all users of the airspace below 2000` as well as those on the ground in the line of fire.

Alleged breaches of flying regulations usually result in inconclusive findings and no further action for military crews.

As to the essential nature of military low flying - for fast jets why train for a technique which, judging by recent conflicts, is obsolete and declined as a tactical option by modern battlefield commanders. For helicopters - why fly at 30` - 50`in populated areas guaranteed to cause upset and damage?

If the Coroner in this case is able to allay the growing safety concerns of the general public over military low flying by considering the pros and cons, then more power to his elbow.

leahsmom 1st May 2004 19:34

Hi,

I'm from an equine forum, I just wanted to ask you guys a question. I read the other thread you have on this, and I noticed that in that first thread the victim's name was Melanie, but in this thread it is Heather. Was there a mistake the first time, or are you discussing two incidents?

BTW - I am not here to inflame or start any arguments, I was just a little confused! I love helicopters, in fact I am getting married in June in Alaska, we are flying out to a glacier in a heli and getting married on the ice! I am so excited!

Hydraulic Palm Tree 3rd May 2004 19:42

Weasel

Perhaps you could suggest a few unpopulated areas near to the UK's helicopter bases that are big enough and have varied enough terrain to practice in.

Of course we never operate in populated or urban areas do we - apart from NI, Bosnia and Iraq. Even Sierra Leone and the FI are surprisingly populous.

HPT


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