Families of Hercules XV179 crash to Sue MOD

Why the families need to take legal action is beyond me. The Coroner has already issued a verdict of unlawful killing and criticised the MoD's decision not to fit "explosive suppressant foam" (ESF) around the plane's fuel tanks, which experts said could have saved their lives. This means that the MOD surely has a legal liability to pay Compensation and as the report says the MOD have already said

"Our deepest sympathies remain with the families of the RAF and Army personnel who lost their lives when hostile fire shot down Hercules XV179 in January 2005," he said.

"We have apologised to the families for the shortcomings identified at the inquest and by our Board of Inquiry, and we have enhanced the protection of our aircraft, including fitting explosive suppressant foam to all Hercules operating in Iraq and Afghanistan.

"The MoD awaits the full details of this legal challenge from the families' lawyers. Compensation is always paid in cases where there is a proven legal liability."

Compensation should be paid without the need for recourse to taking legal action which can only be more distressing for the families of the victims.

My previous posts on the Hercules crash are here.

Families of 10 servicemen who died when RAF Hercules was shot down launch legal action against the Government - Telegraph

Hercules Deaths Result Of Serious Systemic Failures

Yet again we have a report of serious systemic failures causing the deaths of servicemen. The Herald reports

The deaths of 10 British servicemen killed when their RAF Hercules was shot downin Iraq was the result of "serious systemic failures", a coroner said today. The fact that the Ministry of Defence and RAF had not fitted the Hercules fleet with ESF (explosion-suppressant foam) was a factor in the tragedy, coroner David Masters said.

He continues

"The failure to fit ESF was on the facts found a serious systemic failure and a contributory factor in the loss of the aircraft."There was a loss of opportunity for the survival of the crew by that failure."The Hercules C130k aircraft, 47 Squadron Special Forces flight XV179, was flying at low-level (about 150ft) in daylight from Baghdad to Balad to await further tasking orders when it was downed by insurgents. The coroner, ruling that the 10 men were unlawfully killed, highlighted the way intelligence was not passed on about a previous attack by insurgents on the US Blackhawks on the same day in the same sector. He described this as another "failure." But he said XV179's decision to fly at low level was not a failure because the Hercules flying community at the time had no idea of their vulnerability to small arms fire, which they were in range of at 150ft.

More information on the Hercules case here.

Hercules Inquest Deaths Result Of Serious Systemic Failures

Coroner could call MoD minister

I see the defence secretary may be called to give evidence at the inquest into an RAF plane crash in Iraq which killed 10 UK servicemen. One problem with this is that the Defence Secretary in question is unlikely to be:-

• The current one who is likely to go before the inquest starts.
• May not even be from the same party judging by the time inquests are taking to start.

As I have mentioned before the fact that the RAF's Hercules were not (and maybe still all aren't) fitted with explosive suppressant foam (ESF) is a disgrace and was a disaster waiting to happen.

BBC NEWS | UK | Coroner could call MoD minister

Hercules crash - An update

Update on previous blog entry.

The Telegraph reports that 2 years prior to the accident the RAF was requested by one of its serving officers to update the Hercules with ESF.

Sqn Ldr Chris Seal said he requested in 2002 that explosive suppressant foam (ESF) be added to the fleet – something the American air force had in place for almost 40 years.

It goes on.

In late 2002 he sent an “urgent” request for ESF, which prevents fuel tanks exploding if hit by ground fire, after a presentation by a US officer.

“He showed us the video that showed the effects of a bullet hitting the fuel tanks with foam and without foam.

“You could almost hear the jaws drop and hit the floor as we saw that.

“I was in the process of identifying the lessons to be learnt from our operations so far for our main squadron - and as a result I included fire suppressant foam as a requirement.”

If this request was ignored then it can only have been on cost grounds.

This is a disaster waiting to happen again.