Scotland’s top prosecutor is refusing to hold fresh talks with campaigners who are battling for a probe into a tragic collision involving two RAF Lossiemouth-based Tornado jets.
Scottish Conservative leader Douglas Ross said he was “deeply disappointed” after Lord Advocate Dorothy Bain rejected calls for a new meeting to discuss a fatal accident inquiry into the 2012 crash.
The collision caused the deaths of Squadron Leader Sam Bailey, 36, Flight Lieutenant Hywel Poole, 28, and Flight Lieutenant Adam Sanders, 27.
Two RAF Lossiemouth-based Tornado jets collided in bad weather on July 3 2012, about seven nautical miles south-east of Helmsdale.
A review by the Military Aviation Authority 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 former RAF officer Jimmy Jones and the father of Flt Lt Poole, have argued that the inquiry was carried out by officers who were “too close to the system” to recognise the “systemic failures” they believe existed.
On the 10th anniversary of the tragedy this summer, Michael Poole said he feared others could suffer the pain faced by his family as a result of the failure to learn lessons from the crash which killed his son, Flt Lt Hywel Poole.
He spoke out after Ms Bain became the latest lord advocate to rule out an FAI.
Mr Jones and Mr Ross subsequently contacted her to request another meeting.
A Crown Office spokesman has now said the proposal has been rejected.
“The circumstances of this tragic accident have been fully examined and the potential for a fatal accident inquiry carefully considered,” he said.
“The lord advocate previously met with Mr Jones to discuss his concerns and remains of the view that a discretionary FAI does not require to be held.
‘No further meeting is needed’
“No new information has been provided which would cause that decision to be reconsidered and accordingly Mr Jones has been advised that no further meeting is needed.”
Mr Ross, the MP for Moray, criticised the lord advocate’s decision.
“I know Jimmy Jones and others are deeply disappointed with the decision by the lord advocate,” he said.
“With respect to the lord advocate, I share their view that further evidence has been clearly presented since the previous meeting which was held well over a year ago.
“Many of these points are technical but are surely worthy of further discussion directly with the lord advocate.
“It is a matter of great frustration for Jimmy, myself and others that a decade on we still do not have all the information on what occurred.
“That is why a fatal accident inquiry should be considered to deliver answers and I will keep pushing for this to happen, despite this meeting being rejected.”
New evidence
Mr Jones has argued that since they met Ms Bain last year “new information” has been submitted.
It relates to the need for essential modifications to the escape equipment on Tornado jets, and associated air crew training.
Mr Jones said: “I have explained the details to Douglas Ross who strongly supports a further meeting.
“Unfortunately, the lord advocate has declined the call and chosen to reject the additional evidence before having it presented in detail.”
The Moray-based campaigner added: “It is the purpose of an independent fatal accident inquiry to determine the cause and circumstances of death.
“This has been denied the families of the deceased.”
You can find out more about the Tornado inquiry campaign by listening to this episode of our politics podcast, The Stooshie.
It was published earlier this year around the 10th anniversary of the disaster.
Conversation