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Hercules death families sue MoD Hercules death families sue MoD
(1 day later)
Families of five servicemen who died when a Hercules plane from RAF Lyneham was shot down over Iraq are to begin legal action against the government.Families of five servicemen who died when a Hercules plane from RAF Lyneham was shot down over Iraq are to begin legal action against the government.
The families decided to go ahead after an inquest ruled the men died because of a "serious systemic failure".The families decided to go ahead after an inquest ruled the men died because of a "serious systemic failure".
The Hercules was hit by ground fire in January 2005 and blew up, killing 10.The Hercules was hit by ground fire in January 2005 and blew up, killing 10.
Last year a coroner criticised the Ministry of Defence for not fitting the aircraft with explosive suppressant foam despite recommendations to do so.Last year a coroner criticised the Ministry of Defence for not fitting the aircraft with explosive suppressant foam despite recommendations to do so.
The Hercules C-130K, flight XV179, from RAF Lyneham's 47 Squadron, was hit by insurgents while flying a Special Forces mission.The Hercules C-130K, flight XV179, from RAF Lyneham's 47 Squadron, was hit by insurgents while flying a Special Forces mission.
'Given warnings''Given warnings'
Enemy fire pierced a fuel tank in the right wing, causing an explosion in which nine RAF personnel and one soldier died.Enemy fire pierced a fuel tank in the right wing, causing an explosion in which nine RAF personnel and one soldier died.
The plane was flying low, at about 150ft (46m), to avoid the threat of surface-to-air missiles.The plane was flying low, at about 150ft (46m), to avoid the threat of surface-to-air missiles.
Lawyers at Smithfield Partners will serve a claim in the High Court on the Ministry of Defence on behalf of some of the families of those killed.Lawyers at Smithfield Partners will serve a claim in the High Court on the Ministry of Defence on behalf of some of the families of those killed.
John Cronin, Senior Associate at Smithfield Partners said: "The RAF were given warnings that the plane was not fit for purpose and that explosive suppressant foam (ESF) could have prevented an explosion of this sort or at the very least given the pilots time.John Cronin, Senior Associate at Smithfield Partners said: "The RAF were given warnings that the plane was not fit for purpose and that explosive suppressant foam (ESF) could have prevented an explosion of this sort or at the very least given the pilots time.
"The Americans had fitted ESF since the 1960s and the Australians have also done so.""The Americans had fitted ESF since the 1960s and the Australians have also done so."
The 2005 crash was the largest loss of life to the RAF in a hostile act since World War II.The 2005 crash was the largest loss of life to the RAF in a hostile act since World War II.
The crew, who were mainly based at RAF Lyneham in Wiltshire, were: RAF 47 Squadron's Flt Lt David Stead; 35; Flt Lt Andrew Smith, 25; master engineer Gary Nicholson, 42; Flt Sgt Mark Gibson, 34; Flt Lt Paul Pardoel, 35; chief technician Richard Brown, 40; Sgt Robert O'Connor, 38, Acting L/Cpl Steven Jones, 25.The crew, who were mainly based at RAF Lyneham in Wiltshire, were: RAF 47 Squadron's Flt Lt David Stead; 35; Flt Lt Andrew Smith, 25; master engineer Gary Nicholson, 42; Flt Sgt Mark Gibson, 34; Flt Lt Paul Pardoel, 35; chief technician Richard Brown, 40; Sgt Robert O'Connor, 38, Acting L/Cpl Steven Jones, 25.
The passengers were: Sqn Ldr Patrick Marshall, 39, from Strike Command Headquarters and Cpl David Williams, 37.The passengers were: Sqn Ldr Patrick Marshall, 39, from Strike Command Headquarters and Cpl David Williams, 37.
'Shortcomings identified''Shortcomings identified'
Captain David Stead's mother Pauline speaks out obver the Hercules crash
Families of Richard Brown, David Williams, David Stead, Steven Jones and Robert O'Connor are involved in the legal action.Families of Richard Brown, David Williams, David Stead, Steven Jones and Robert O'Connor are involved in the legal action.
In a statement the Ministry of Defence said its deepest sympathies remain with the families of the 10 RAF and Army personnel who lost their lives when hostile fire shot down Hercules XV179 in January 2005.In a statement the Ministry of Defence said its deepest sympathies remain with the families of the 10 RAF and Army personnel who lost their lives when hostile fire shot down Hercules XV179 in January 2005.
"We have apologised to the families for the shortcomings identified at the inquest and by our Board of Inquiry investigation, and we have enhanced the protection of our aircraft, including fitting explosive suppressant foam to all Hercules operating in Iraq and Afghanistan."We have apologised to the families for the shortcomings identified at the inquest and by our Board of Inquiry investigation, 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."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.