Now it has emerged that an internal Ministry of Defence report, written just nine months prior to the incident, identified the software as “positively dangerous”. The report alleges that the deficiencies in the software meant that the pilot’s control of the engines could not be assured.
The official RAF enquiry indicated that the crash was a result of the negligence of the two pilots of the helicopter but this latest report adds to a growing amount of evidence suggesting otherwise. Another report, written on the day of the accident, stated that it was imperative that the RAF cease operations with the Chinook helicopter and also the helicopter test pilot, Squadron Leader Robert Burke, has indicated he felt that he believed the RAF rushed the machine in to use knowing that it was dangerous.
The MoD and RAF have so far remained bullish amid calls for a new enquiry in to the incident and the MoD went as far as to state that this evidence would not justify reopening the enquiry.
If an inquiry was to be reopened in to what occurred it is possible that the families of the dead might be able to make a claim for compensation due to the pilots and passengers being provided with defective work equipment, possibly entitling them to make a claim under the Provision and Use of Work Equipment Regulations 1998. However, they would have to be deemed dependants of the deceased to even be able to consider bringing the claim.