Suit Alleges Aging Planes Have Never Been Safe To Fly

Two of the United Kingdom families who lost sons when a Royal Air Force Nimrod MR2 burst into flames over Afghanistan two years ago began a landmark lawsuit against the Ministry of Defence in Britain's High Court Tuesday.

The Time of London reports the suit contends the British Ministry of Defence failed to ensure that the Nimrod was safe to fly. As ANN reported, all 14 men onboard the aging reconnaissance plane died when the aircraft exploded during mid-air refueling.

Investigators determined in December 2007 that fuel leaking through a corroded pipe coupling came in contact with a hot-air pipe and ignited.

The charges are not isolated to this incident. Assistant Deputy Oxfordshire Coroner Andrew Walker is on record with his conclusion that the Nimrod surveillance aircraft had a fundamental design fault, and had never been airworthy.

The suit could set a huge and expensive precedent. The families of 25-year-old Sergeant Benjamin Knight, and 28-year-old Flight Lieutenant Steve Swarbrick, both of 120 Squadron, RAF Kinloss, Morayshire, have retained lawyer John Cooper, who will issue a writ for compensation based, among other charges, on a breach of right to life under Article 2 of the European Convention on Human Rights.

Cooper tells the Times that if the two families win, it could set precedent not only for all the Nimrod families but also for other cases alleging the ministry has failed to provide adequate equipment to personnel in Afghanistan and Iraq.

"If people had died on board a commercial aircraft flying home from their holidays then there would have been not only resignations but also inquiries," he noted.

The families' suit also charges the Ministry of Defence with breach of its responsibilities under the Safety of Work Act 1974 by failing to reduce known risks facing the crew of the Nimrod. The ministry's former research agency, QinetiQ, has found that some safety features requested by the RAF for the Nimrod were left out of its final design, and that many maintenance specialists for the planes lack experience. 

Since the 2006 accident, midair refueling of Nimrods has been suspended, and a maintenance fix addressed the close proximity of hot-air pipes to fuel pipes.

There's no word on how long the case will take to decide.

FMI: www.raf.mod.uk, www.mod.uk/defenceinternet/home