Scotland’s top law officer has ended hopes of a new probe into the tragic deaths of three RAF Lossiemouth crew in a mid-air Tornado jet collision.
Lord Advocate Dorothy Bain ruled out a fatal accident inquiry (FAI) into the 2012 crash, saying there would be “no basis” to overturn the verdict of her predecessors.
Campaigners were left “very disappointed” by the decision and are now seeking fresh talks with Ms Bain, who is the nation’s most senior prosecutor.
The collision, involving two RAF Lossiemouth-based jets, happened in bad weather on July 3, 2012, about seven nautical miles south-east of Helmsdale.
It caused the deaths of Squadron Leader Sam Bailey, 36, Flight Lieutenant Hywel Poole, 28, and Flight Lieutenant Adam Sanders, 27. A fourth crew member was injured.
A review by the Military Aviation Authority (MAA) found 17 contributory factors led to the tragedy, including the failure to fit collision warning systems to the Tornado GR4 jets and “ineffective” supervision of the crew.
But campaigners, including Moray-based former RAF officer Jimmy Jones and the father of Flt Lt Poole, argue the MAA inquiry was carried out by officers who were “too close to the system” to recognise the “systemic failures” they believe existed.
Two previous lord advocates had already rejected calls for an FAI, despite a 2017 rule change meaning all military deaths in Scotland must now be subject to such a hearing.
‘Detailed consideration’
The appointment of Ms Bain in June last year led to hopes the case could be reconsidered.
Mr Jones and Scottish Conservative leader Douglas Ross held “encouraging” talks with the lord advocate in October, with Ms Bain pledging to give “detailed consideration” to their call for an FAI.
However, on Monday, a spokesman for the Crown Office and Procurator Fiscal Service said: “The lord advocate met with Douglas Ross MSP and Mr Jones on 28 October 2021 to discuss issues raised by them in relation to the Tornado collision over the Moray Firth in 2012.
“Following full and detailed consideration of all the issues raised, both at the meeting and in subsequent correspondence, there is no basis to overturn the previous decisions not to hold a discretionary FAI.”
It is understood the lord advocate concluded the MAA inquiry had already been detailed and thorough.
Disappointment
Mr Jones said he and Mr Ross had requested another meeting with Ms Bain to discuss her decision.
“I am very disappointed with her reply as it does not reflect the tone of the meeting and the direction in which she appeared to be moving,” he said.
“In the end she has simply replicated what has been said before by her predecessor.”