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Minister urged to order public inquiry into tragic mid-air RAF Tornado crash

Flight Lieutenant Hywel Poole (left), Flight Lieutenant Adam Sanders (centre) and Squadron Leader Samuel Bailey (right) who were killed after a Tornado crash in the Moray Firth.
Flight Lieutenant Hywel Poole (left), Flight Lieutenant Adam Sanders (centre) and Squadron Leader Samuel Bailey (right) who were killed after a Tornado crash in the Moray Firth.

Campaigners believe a decision to hold an inquiry into the death of Sheku Bayoh could pave the way for a probe into the 2012 RAF Tornado crash over the Moray Firth.

Justice Secretary Humza Yousaf announced in November that a public inquiry would be held into the circumstances surrounding the 2015 death of Mr Bayoh in police custody in Kirkcaldy.

Mr Yousaf said deaths in police custody were subject to a mandatory fatal accident inquiry (FAI), but the Lord Advocate believed a FAI would not cover all of the issues.

Moray-based campaigner Jimmy Jones has now written to Mr Yousaf to ask if he would apply the same principle to the mid-air collision which killed three RAF Lossiemouth crew.

Mr Jones, a retired RAF officer, has been lobbying the Crown Office for several years to hold an FAI into the deaths of Squadron Leader Sam Bailey, 36; Flight Lieutenant Hywel Poole, 28, and Flight Lieutenant Adam Sanders, 27.

In 2017, he secured a change in the law to ensure all deaths of military personnel in Scotland would be the subject of an FAI in future.

However, the Crown Office has continued to insist that the circumstances of the Tornado crash have been fully investigated by the Military Aviation Authority (MAA).

The MAA inquiry found 17 contributory factors led to the collision, which happened in bad weather over the Moray Firth on July 3, 2012, including the failure to fit collision warning systems to the Tornado GR4 jets.

In his letter to the SNP minister, Mr Jones said: “Citing the precedent set by the Sheku Bayho case I call on you to establish a statutory public inquiry under the Inquiries Act 2005 into the circumstances leading up to and following the deaths of Squadron Leader Samuel Bailey, Flight Lt Hywel Poole and Flight Lt Adam Sanders.”

He claimed that MAA inquiry addressed “only the military component” while a public inquiry would “examine the complete picture”, and ensure that Scottish authorities have complied with human rights laws.

Mr Jones also raised fears that the tragedy could be repeated unless lessons were learned.

“Such flawed systems of working continue to permit fast jet aircraft to operate in conditions which resulted in the Tornado collision, posing a threat to aircrews and the general public,” he wrote.

The campaigner added: “I believe that the general public has a right to know what is going on around them, and why.

“Any future incident is likely to place the handling of this case under close scrutiny, hence the need for a public inquiry.”

It is understood that the letter has the support of the family of Flight Lt Poole.

A Scottish Government spokesman said: “Our thoughts are with the families of Squadron Leader Bailey, Flight Lt Poole and Flight Lt Sanders.

“Decisions on holding a Fatal Accident Inquiry are for the Lord Advocate, acting independently of government. We have yet to receive the letter, but will respond to it in due course.”