Martin-Baker admits failings over death of Flt Cunningham

[Gary]

An ejector seat firm has admitted breaching health and safety laws over the death of a Red Arrows pilot.

Flt Lt Sean Cunningham, 35, was ejected from his Hawk T1 jet while it was on the ground at RAF Scampton in 2011.

The parachute on the seat did not deploy and the South African-born airman was fatally injured.

Martin-Baker Aircraft Ltd pleaded guilty at Lincoln Crown Court to Section 3(1) of the Health and Safety at Work Act 1974.

http://www.bbc.co.uk/news/uk-42773834

[jem60]

Very sadly, it is not a perfect world, and mistakes will ALWAYS occur from time to time. A small human error, but with catastrophic results. A person who makes no errors in life has yet to be born. I hope the firm comes out with head held high.

[martmpf]

From general reading from various published sources, particularly BBC reporting of the inquest (http://www.bbc.co.uk/news/uk-england-li ... e-25943211) it appears that it was possible to insert the seat firing handle safety pin with the handle in an unsafe position. Ground crews and pilot would see the safety pin in position and assume seat was safe. It wasn’t.

A bolt was over tightened which led to the parachute failing to deploy.

Martin Baker knew about both faults.

"Lincoln Court 1 T20170023 martin baker aircraft company ltd
Details: For Plea - Case Started - 10:56
For Plea - Hearing finished for MARTIN BAKER AIRCRAFT COMPANY LTD - 11:22

Also, from Lincolnshire Live on 1/12/17: (http://www.lincolnshirelive.co.uk/news/ ... eat-863320)

“The firm entered a not guilty plea to a single charge brought by the Health and Safety Executive under the 1974 Health & Safety at Work Act at a hearing earlier this year.

The company today, Friday, December 1 appeared at Lincoln Crown Court for a pre-trial review hearing.

The trial is due to commence at Lincoln Crown Court on January 22, 2018.

It is scheduled to last between four and five weeks.

A further pre-trial hearing will be held in front of the trial judge, Mrs Justice Carr, in London on 20 December.”

The trial judge, Mrs Justice Carr is a High Court judge drafted in for the case, will give sentence on the 12th February.
Martin Baker changed its plea to guilty this morning.

PS: Before becoming a judge, Mrs Justice Carr was a highly sought after QC.
Sue Carr QC specialised in negligence cases, acting for the prosecution and defence. Not at the same time!

[The Phantom]

I hope the firm comes out with head held high.

Sorry, but I don't see they've got anything to hold their head up high about with this tragic incident - especially as they knew the seats had a fault with them and had done nothing about it.

Martin Baker knew about both faults.

Yes - that's the most frightening thing.
I can understand a mistake being made with one individual seat, but when it came to light that every seat in this series had a major fault that Martin Baker were aware of and had done nothing about it, I found that very shocking from what was such a highly regarded company.

[Dazza37]

I'll say here what I've said elsewhere... Don't everybody jump up and down on Martin Baker alone for this awful accident, the MOD and the RAF both have much more to answer for than is being reported in the media, possibly more than Martin Baker! The info is out there if you can be bothered to look for it (on a very well known forum)...

-Dazza

[martmpf]

Quite probably correct Dazza37, but this thread is about Martin Baker now pleading guilty.

[Ghastly Whisper]

by pleading guilty MB are just getting the whole thing over and done with very quickly, in this world of scapegoats and laying the blame, its a no brainer, plead guilty get fined move on.

[Proteus]

In most applications negligence that results in a death is usually rewarded with a prison sentence it certainly is in my industry.

[toom317]

An ejector seat firm has admitted breaching health and safety laws over the death of a Red Arrows pilot.

Flt Lt Sean Cunningham, 35, was ejected from his Hawk T1 jet while it was on the ground at RAF Scampton in 2011.

The parachute on the seat did not deploy and the South African-born airman was fatally injured.

Martin-Baker Aircraft Ltd pleaded guilty at Lincoln Crown Court to Section 3(1) of the Health and Safety at Work Act 1974.

http://www.bbc.co.uk/news/uk-42773834

You could at least get the guys rank right. It's in the article!

[Thunder]

Unfortunately the HSE cannot take prosecution action against the RAF/MoD, so it was always going to go against MB whether at fault or not. As Dazza says the RAF have a lot to answer for themselves.

[The Phantom]

At the time of the inquest reports they said that with regard to the problem of the locking bolt, Martin Baker had told some air forces about it, but not the MOD. So would the RAF have been aware do we know?
But the RAF were aware of the seat handle problem, and criticised in the report about this.

Why did they all do nothing about the seats? Purely because of the costs to correct them?

[PeteHemsley]

At the time of the inquest reports they said that with regard to the problem of the locking bolt, Martin Baker had told some air forces about it, but not the MOD. So would the RAF have been aware do we know?
But the RAF were aware of the seat handle problem, and criticised in the report about this.

Why did they all do nothing about the seats? Purely because of the costs to correct them?

Somehow I find that hard to believe. All aircraft systems and sub systems that are to be updated or modified are subject to Service bulitens. SB’s are released to ensure that a common standard is held by all effected whether civil or military.

[martmpf]

It was stated at the inquest (link again: http://www.bbc.co.uk/news/uk-england-li ... e-25943211) and above, that MB did not inform the MOD of the fault that they knew about (parachute particularly), at all.

How could there be a Service Bulletin for that?

[Dazza37]

It was stated at the inquest (link again: http://www.bbc.co.uk/news/uk-england-li ... e-25943211) and above, that MB did not inform the MOD of the fault that they knew about (parachute particularly), at all.

How could there be a Service Bulletin for that?

A service bulletin for the issue with over tightening the scissor shackle nut was issued by MB in 1990 to Hawk operators, in 1993 the office to which that service bulletin would've been sent was closed by the MOD and no equivalent replacement was put in place and all records destroyed/lost, this is where it has been difficult to prove whether or not the RAF/MOD received the bulletin, the design authority for the Hawk (BAe) received it, whether they informed the MOD/RAF is also not clear. Another thing is that the MOD/RAF actually KNEW about the problem in 2002 (despite claiming in court they had no knowledge of it!) and actually released a report of their own covering it, yet it appears no amendments were made to service/tech manuals to highlight the issue!
Like I said, the RAF/MOD have a much bigger part in this tragic accident than is being reported in the media...

-Dazza

[mhm]

Come on lads, let the LEGAL teams do there work without jumping to who said what when and where.

[martmpf]

I only quoted reliable public sources and was the lead article, at some length on BBC Local TV News last night: Edit ... link doesn't work now. Too late, been superceded.
Was also mentioned on BBC 6 o'clock national news. They covered almost all whats in this thread along with MB's now guilty plea.

[The Phantom]

Come on lads, let the LEGAL teams do there work without jumping to who said what when and where.

So were not allowed to discuss anything on here? Even though it was in every newspaper today and national tv news yesterday!

[Thunder]

Doesn't matter who said what, where, when. Only one side in this can be prosecuted which HSE will do everything in their power to see happen. As is all too often the case, the real reasons and causes behind accidents are over looked just to get a conviction.

[cj9ru]

Bottom line is that if that was my son I would be utterly furious that anybody knew about the faults and had not done enough to make it safe. As said elsewhere probably more than just MB to blame but it is after all their seat. His tragic death was completely unnecessary. Not good enough.

Chris

[martmpf]

The sentence on Martin Baker will given today at Lincoln Crown Court.