Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Campaigner calls for FAI system to be overhauled to benefit military families

James Jones
James Jones

An influential Holyrood committee has been told the law on fatal accident inquires discriminates against the families of armed forces personnel killed while on duty.

Retired RAF Flight Lieutenant James Jones said existing legislation must be reformed to ensure hearings are held in public and witnesses are cross-examined under oath.

The campaigner from Moray told MSPs he was “bitterly disappointed” that a public investigation into the deaths of three airmen in a mid-air collision over the Moray Firth would not be carried out.

Flight Lieutenant Hywel Poole, 28, Flight Lieutenant Adam Sanders, 27, and Squadron Leader Samuel Bailey, 36, died in the crash on July 3, 2012, while a fourth crewman was badly injured.

Mr Jones claimed the interpretation of current legislation “discriminates” against members of the armed forces.

He said they were not regarded as employees and written evidence from the Ministry of Defence was considered to be sufficient to satisfy the requirements of a FAI.

Mr Jones told Holyrood’s justice committee that public interest was not given the same importance in military incidents as it was in civil accidents.

MSPs are currently scrutinising the Scottish Government’s Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill.

The legislation is aimed at updating, expanding and improving the system by implementing most of the recommendations made in a 2009 review by retired senior judge Lord Cullen.

Mr Jones, who served in the RAF and lives at Forres, said military personnel were discriminated against because they did not have official signed contracts and were considered Crown appointees.

“When there are work-related deaths and a call for a mandated FAI they are not being fitted into that category,” he added.

“I think that is wrong and that interpretation seems to go against the intent of the act.

“We were all bitterly disappointed about the Crown Office’s decision not to hold an FAI for this Tornado crash.”

The Crown Office announced in March that a probe would not be held as it “could not better and would only repeat” the service inquiry already carried out by the Military Aviation Authority (MAA).

Mr Jones said: “In carrying out the investigation there was no independent judge present, there was no cross-examination.

“It was, by their own definition, an internal investigation.

“Families weren’t involved, no one was allowed to put forward any questions.

“This inquiry does not replace a proper inquiry in the public domain.

“As Lord Cullen says, FAIs are carried out in the public interest – the public interest has not been satisfied in this case.”

Mr Jones claimed a FAI was only carried out into the fatal Mull of Kintyre helicopter crash in 1994 because civilians were on board.

He said non-Scottish families, whose relatives were killed in this country, should be given an opportunity to select a coroner’s inquest.

Mr Jones argues that the need for a FAI should be reviewed if fresh evidence comes to light.