MP seeking FAI of RAF Tornado tragedy to meet Crown Office

An MP who is seeking review of a decision not to open a fatal accident inquiry into a mid-air collision of RAF aircraft is to meet the Crown Office in a move that may see the incident investigated.

The Lord Advocate, James Wolffe QC, confirmed that Moray MSP Richard Lochhead, who has been campaigning for an inquiry since the crash happened in 2012, is to meet the head of the Scottish Fatalities Investigation Unit.

RAF Lossiemouth squadron leader Sam Bailey, flight lieutenant Adam Sanders and flight lieutenant Hywel Poole all died in the tragedy, which saw two GR4 jets crash seven nautical miles south-east of Helmsdale, Sutherland, at about 920 feet.

Squadron leader Paul Evans suffered severe injuries.

A Military Aviation Authority (MAA) investigation found that the incident could have been averted if the aircraft had been fitted with a collision warning system.

The Crown Office decided not to hold an FAI in 2015 on the basis the MAA investigation had greater scope than an FAI.

However, the Lord Advocate told the Press & Journal: “I have had correspondence from Richard Lochhead about the case. The head of Scottish Fatalities Investigation Unit has offered a meeting to Mr Lochhead to discuss the issues he has raised.”

Mr Lochhead said: “Our meeting with the Crown Office will provide us with a long-awaited opportunity to persuade the Lord Advocate to reconsider the case for an FAI that is open and transparent.

“Compared to the inquiry by the MAA, an FAI in Scotland can bring additional examination of the causes of the crash and focus on the public interest.

“My constituent Jimmy Jones – a retired RAF officer – has tenaciously pursued this issue with the support of the families and the new evidence that he believes justifies the Lord Advocate reconsidering the case for an FAI deserves the utmost consideration.

“This was a terrible tragedy and the families and everyone affected need to know that all the relevant issues are out in the open and such an outcome would also be in the public interest.”

Mr Jones said: “The families are delighted at this latest news.”

He added that a dossier of new evidence had been compiled, noting: “In total the dossier lists some 20 items of new evidence.

“The new evidence focuses on the lack of independence of the Service Inquiry, flawed risk assessment, public interest concerns, and safety failings relating to a critical safety item, namely the ejection seat. Service Inquiries are convened by the head of the MAA.

“Their function is to determine the cause of the accident and not cause of death – that is the function of an FAI. They are not carried out in open court, and families are not involved.”