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| No charges over Red Arrows pilot's death | No charges over Red Arrows pilot's death |
| (7 days later) | |
| Prosecutors have said they will not pursue criminal charges over the death of the Red Arrows pilot Sean Cunningham. | Prosecutors have said they will not pursue criminal charges over the death of the Red Arrows pilot Sean Cunningham. |
| Flight Lieutenant Cunningham, 35, died on 8 November 2011 after the ejector seat of his jet fired as his plane sat on the tarmac at RAF Scampton in Lincolnshire. | Flight Lieutenant Cunningham, 35, died on 8 November 2011 after the ejector seat of his jet fired as his plane sat on the tarmac at RAF Scampton in Lincolnshire. |
| Cunningham was thrown 200ft in the air and then fell to the ground still strapped to the seat of his Hawk T1 plane without his parachute opening. He was airlifted to hospital where he was pronounced dead. | Cunningham was thrown 200ft in the air and then fell to the ground still strapped to the seat of his Hawk T1 plane without his parachute opening. He was airlifted to hospital where he was pronounced dead. |
| Last month the Guardian revealed that police had sent files to the Crown Prosecution Service asking them to consider criminal charges over Cunningham's death following a year-long inquiry. | Last month the Guardian revealed that police had sent files to the Crown Prosecution Service asking them to consider criminal charges over Cunningham's death following a year-long inquiry. |
| In a full statement, the CPS said it had considered charges against three individuals as well as the Ministry of Defence and the defence company Martin Baker Ltd, which makes ejector seats. The evidence related to the failure of the parachute to open, rather than to why the ejector seat had fired in the first place. | In a full statement, the CPS said it had considered charges against three individuals as well as the Ministry of Defence and the defence company Martin Baker Ltd, which makes ejector seats. The evidence related to the failure of the parachute to open, rather than to why the ejector seat had fired in the first place. |
| "The offences I considered were gross negligence manslaughter and corporate manslaughter," said Alison Storey, from the special crime and counter terrorism division. "Whilst there are some differences between these offences, they both require the prosecution to prove that the individual or organisation owed a duty of care to the deceased, that they breached this duty, that the breach caused the death of the person who died and that the breach was so gross as to amount to a criminal offence. | "The offences I considered were gross negligence manslaughter and corporate manslaughter," said Alison Storey, from the special crime and counter terrorism division. "Whilst there are some differences between these offences, they both require the prosecution to prove that the individual or organisation owed a duty of care to the deceased, that they breached this duty, that the breach caused the death of the person who died and that the breach was so gross as to amount to a criminal offence. |
| "To bring a prosecution there has to be sufficient evidence for a realistic prospect of proving all of these elements to the high criminal standard; beyond reasonable doubt." | "To bring a prosecution there has to be sufficient evidence for a realistic prospect of proving all of these elements to the high criminal standard; beyond reasonable doubt." |
| She added: "The evidence I considered was extensive and included results of testing of the equipment and expert reports. I have concluded that there is insufficient evidence to establish that any individual or the Ministry of Defence breached their duty of care to Flt Lt Cunningham in relation to the servicing of the relevant equipment. | She added: "The evidence I considered was extensive and included results of testing of the equipment and expert reports. I have concluded that there is insufficient evidence to establish that any individual or the Ministry of Defence breached their duty of care to Flt Lt Cunningham in relation to the servicing of the relevant equipment. |
| "I also concluded that there is insufficient evidence to provide a realistic prospect of conviction of Martin Baker Ltd in relation to the manufacture of the parachute. I have therefore concluded, in accordance with code for crown prosecutors, that no charges should be brought in connection with the death of Flt Lt Cunningham. I extend my sympathies to [his] family and friends." | "I also concluded that there is insufficient evidence to provide a realistic prospect of conviction of Martin Baker Ltd in relation to the manufacture of the parachute. I have therefore concluded, in accordance with code for crown prosecutors, that no charges should be brought in connection with the death of Flt Lt Cunningham. I extend my sympathies to [his] family and friends." |
| The death of Cunningham was the second in three months for the aerial stunt team, a toll that raised questions from the independent Military Aviation Authority (MAA), which has had concerns about the level of oversight and scrutiny of the elite unit. | The death of Cunningham was the second in three months for the aerial stunt team, a toll that raised questions from the independent Military Aviation Authority (MAA), which has had concerns about the level of oversight and scrutiny of the elite unit. |
| The incident bewildered senior RAF officers who say the ejector seat in a Hawk is almost impossible to activate accidentally, requiring considerable pressure from the pilot. The parachute should have opened regardless. | The incident bewildered senior RAF officers who say the ejector seat in a Hawk is almost impossible to activate accidentally, requiring considerable pressure from the pilot. The parachute should have opened regardless. |
| Cunningham was an experienced pilot with an exemplary record, who had flown in the Iraq war on close air-support missions for British and US ground troops. | Cunningham was an experienced pilot with an exemplary record, who had flown in the Iraq war on close air-support missions for British and US ground troops. |
| After his death the MoD implemented a temporary ban on non-essential flying in aircraft with ejector seats similar to those in the Hawk T1. The Red Arrows have used the dual-control BAE Systems Hawk T1, which has a top speed of Mach 1.2, since 1979. | After his death the MoD implemented a temporary ban on non-essential flying in aircraft with ejector seats similar to those in the Hawk T1. The Red Arrows have used the dual-control BAE Systems Hawk T1, which has a top speed of Mach 1.2, since 1979. |
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