Pádraig MacLochlainn
Question:140. Deputy Pádraig Mac Lochlainn asked the Minister for Defence his plans to make changes to the military records regarding the death of a person (details supplied). [12875/14]
View answerTuesday, 25 March 2014
Questions (140)
Written answers
Firstly I would like to again extend my sympathies to the families of the deceased.There have been three separate official investigations into this tragic accident. The first of these was conducted by the Air Accident Investigation Unit of the Department of Transport. Their Final Report was published on 24 January 2012 which set out their findings. It found that the probable cause of the accident was the spatial disorientation of the instructor/pilot in conditions of poor visibility resulting in controlled flight into terrain. In May 2012 a Coroner’s Inquest was held into the deaths of the two crew members. The jury recorded an open verdict in relation to the instructor pilot and a verdict of accidental death in relation to the cadet.
The third investigation was a military Court of Inquiry which was convened by order of the Chief of Staff on 26 July 2012 and produced its report on 17 January 2013. The Court of Inquiry’s findings are consistent with the earlier investigations, namely that the probable cause of the accident was the spatial disorientation of the instructor who was piloting the aircraft in conditions of poor visibility at the time.
I received a series of correspondence from the family in which allegations were made in respect of a wide range of issues to do with the investigation of the tragic accident. I sought the advice of the Attorney General in this regard. I have fully considered the matter in the context of this legal advice and I am satisfied that a further investigation is not warranted into any issues relating to this tragic accident. I informed the family late last year of my decision in that regard. Officials from my Department also met with the family in early January to convey my decision and afford the family the opportunity to discuss their concerns. I have arranged to meet with the family again later this week.
I understand that the family feels that the content of the Court of Inquiry report introduces issues and opinions which, in their view raises questions concerning their son’s role in this tragic event. For the record, I would again like to reassure them that this line of argument is not supported in any report and has never been given any official credence. All of the reports agree that Cadet Jevens bore no responsibility of any kind for the accident. On 27 February 2014 a claim in respect of solatium and funeral expenses was heard before Judge Fullam in Galway Circuit Court.
Solatium refers to an amount of damages that can be awarded to the dependants of a deceased person. A Statement was read out in court on my behalf admitting the State’s liability for this tragic accident and an agreed sum in respect of solatium, headstone and funeral expenses was ruled.
There are 2 further cases in respect of this accident which relate to alleged negligence and personal injuries which have not yet been dealt with. As these matters are sub judice, it is not appropriate to make any comment at this time.