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Legal wrangle over Super Puma voice recorder Legal wrangle over Super Puma voice recorder
(about 2 hours later)
Scotland's top law officer has gone to court to try to get air accident investigators to hand over the black box from a North Sea helicopter crash.Scotland's top law officer has gone to court to try to get air accident investigators to hand over the black box from a North Sea helicopter crash.
The cockpit voice recorder from the accident off Shetland in 2013, in which four people died, was recovered by the Air Accidents Investigation Branch.The cockpit voice recorder from the accident off Shetland in 2013, in which four people died, was recovered by the Air Accidents Investigation Branch.
Prosecutors have not been able to access vital data to examine whether anyone was criminally responsible.Prosecutors have not been able to access vital data to examine whether anyone was criminally responsible.
A hearing is being held at the Court of Session in Edinburgh.A hearing is being held at the Court of Session in Edinburgh.
The Air Accidents Investigation Branch (AAIB) has the right to initial access to the cockpit voice recorder but it routinely chooses not to hand over the material to other bodies - in this case the Crown prosecutors.The Air Accidents Investigation Branch (AAIB) has the right to initial access to the cockpit voice recorder but it routinely chooses not to hand over the material to other bodies - in this case the Crown prosecutors.
The BBC Scotland news website revealed last year an order was being sought at the Court of Session to access the data.The BBC Scotland news website revealed last year an order was being sought at the Court of Session to access the data.
It is a rare legal move.It is a rare legal move.
At the Court of Session, BBC Scotland reporter Huw WilliamsAt the Court of Session, BBC Scotland reporter Huw Williams
The judge is being asked to judge between three competing definitions of what is in the public interest: learning the safety lessons from accidents; investigating the sudden deaths of people at their work; and prosecuting those who may have been responsible for causing those deaths. The judge is being asked to judge between three competing definitions of what is in the public interest:
Lord Advocate Frank Mulholland, Scotland's top prosecutor, is seeking the order for disclosure of the voice recorder data recorder under the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. Lord Advocate Frank Mulholland QC, Scotland's top prosecutor, is seeking the order for disclosure of the voice recorder data recorder under the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996.
Section 18 covers disclosure of relevant records, and the Crown can act if it believes it to be in the public interest.Section 18 covers disclosure of relevant records, and the Crown can act if it believes it to be in the public interest.
Lawyers for the Crown Office argued on Tuesday that any possible negative effects of releasing the information were outweighed by the demands of justice in the case.Lawyers for the Crown Office argued on Tuesday that any possible negative effects of releasing the information were outweighed by the demands of justice in the case.
Just before the court broke for lunch, the AAIB's legal team began to argue that the lord advocate had not made a sufficient case to overcome the high hurdle which mitigated against disclosure of the information. Andrew Brown QC, for the lord advocate, said the court was required to carry out a balancing into the competing interests.
The AAIB's legal team argued that the lord advocate had not made a sufficient case to overcome the high hurdle which mitigated against disclosure of the information.
The British Airline Pilots' Association (Balpa) claims that any benefit arising from granting such an order is outweighed by the adverse domestic and international impact such action may have on the investigation into the crash or any future safety investigation.
Aidan O'Neill QC, for the union and helicopter pilots, said there was "no suggestion or hint that a crime has been committed here".
Helicopter passengers Sarah Darnley, from Elgin, Gary McCrossan, from Inverness, Duncan Munro, from Bishop Auckland, and George Allison, from Winchester, lost their lives.Helicopter passengers Sarah Darnley, from Elgin, Gary McCrossan, from Inverness, Duncan Munro, from Bishop Auckland, and George Allison, from Winchester, lost their lives.
A total of 18 people were on board when the Super Puma crashed on its approach to Sumburgh.A total of 18 people were on board when the Super Puma crashed on its approach to Sumburgh.