Dáil Éireann Debate, Thursday - 6 February 2014
1. Deputy Seán Ó Fearghaíl asked the Minister for Defence the action he will take to address the ongoing concerns over the death of a person (details supplied) and the subsequent investigation into the matter; and if he will make a statement on the matter. [5866/14]
Amharc ar fhreagraThis question brings us back to the very unfortunate events of October 2009 when two members of the Air Corps lost their lives and to the saga that has continued since regarding the death of Cadet David Jevens. I acknowledge that the Minister is due to meet the Jevens family again, with senior members of the Air Corps, with a view to trying to resolve the matter. However, there are some outstanding issues which it would be useful to ventilate.
Yet again I extend my sympathy to the families of the deceased.
There have been three separate official investigations into this tragic accident, the first of which was conducted by the air accident investigation unit of the Department of Transport, Tourism and Sport. Its final report setting out its findings was published on 24 January 2012. 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 the case of the instructor-pilot and a verdict of accidental death in the case of the cadet.
The third investigation was a military court of inquiry which had been convened by order of the Chief of Staff on 26 July 2012 and it 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 issue relating to this tragic accident. I informed the family late last year of my decision in that regard. Officials from my Department also met the family in early January to convey my decision and afford them the opportunity to discuss their concerns further. Following that meeting, I have arranged to meet the family again next week to discuss their concerns. I understand they feel the content of the court of inquiry's report introduces issues and opinions which, in their view, raise questions concerning their son’s role in this tragic event. For the record, I reassure them again 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 tragic accident.
I thank the Minister for again saying, as he has said explicitly in the past, that not one scintilla of blame for this accident can be attached to Cadet Jevens. The difficulty for the family who have dedicated themselves since his death to this issue is twofold. First, they strongly contend the evidence adduced since his death indicates in their mind that there was not at play within the Air Corps the priority to safety and safety measures that there should have been and because of a culture which did not prioritise safety their son died. Second, they contend there has been a series of breaches of military procedures and protocols in how the matter has been dealt with by the defence authorities and that, in effect, the system has pulled down the shutters, the wagons have been circled and the system has defended itself against the family in seeking to have their concerns and complaints vindicated.
As I believe the Deputy knows, there is no question of pulling down the shutters or circling the wagons. I have gone through the series of events and there is no interest of any description in not knowing the truth. The tragic reality and truth is that there was serious pilot error by the instructor and that Cadet Jevens bears no responsibility of any description.
No change in systems or any other issue that could have arisen had an impact, based on the reports and inquires that have been conducted, on the judgment made at the time which resulted in this dreadful tragedy.
I greatly sympathise with the family and I appreciate and how difficult it is to come to terms with such an awful event where one loses a son in circumstances that were not within his control. No one anticipates such a tragedy occurring in their lives and it is enormously difficult to come to terms with such an incident. I met the family previously and I am happy to meet them again. I do not know that a meeting can bring them the peace of mind that I wish them to have in difficult circumstances. Substantial time has been spent - it was time worth spending - by both officials in my Department and members of the Air Corps in seeking to assist and counsel the family and to provide them with as much information as possible.
In some correspondence I have received, there have been suggestions - or, as the Deputy said, people think there are implications - that Cadet Jevens has in some way, shape or form been found to be at fault. I have read all the reports and that is not derived from a single report. There is no such conclusion. I reiterate clearly that there is no question of his being in any way remotely to blame for the dreadful tragedy that occurred.
We have a common purpose in this regard. We want to work with the family to bring them to the point at which they can have closure on this. Nonetheless, they persist in their conviction that there is something wrong and that military codes and procedures have not been followed. I am sure they will present the 33 items that seem to make a prima facie case to support their claim that there was a breach in procedures by the Defence Forces authorities in dealing with their son's case. However, they also seriously claim that in recent times their attempts to bring this matter to the attention of the Military Police and to have it investigated by them have been blocked, and they are explicit in this. They say the members of the Military Police to whom they have sought to make complaints and whom they have asked to carry out investigations have been blocked and have been told not to undertake those investigations. It would be helpful if the Minister responded to that matter.
I refer again to something that is central and key to this. In so far as issues could arise with regard to systems within the Air Corps, the following of protocols and so on, this accident was the tragic consequence of one thing only. There was no aircraft failure. It was the tragic consequence of an unfortunate judgment made by the instructor. According to the report, Cadet Jevens expressed his reservations about the aircraft continuing along the route the instructor proposed based on the recordings from the aircraft. That is my recollection, although it is some time since I read the report. The instructor made a decision and we had this dreadful tragedy, which has been explored on three different occasions.
I will meet the family. I do not want to go into detail on other matters. We will have whatever discussion we can that is of assistance to them but there are issues in respect of which the family require help and assistance. That is available to them through the Air Corps or otherwise and I very much hope they will avail of it because I understand the difficulties in coming to terms with the dreadful event that occurred.
