Lawyers for the CJC told the High Court connected Tuesday that accusation regarding the Chinook's airworthiness "raises a much than arguable assertion that... those individuals who died successful the clang were placed connected an craft known to beryllium unsafe".
They added that determination were "profound and stark" concerns arsenic to airworthiness, but that nary probe had ever considered the contented contempt respective probes into the crash.
"It is historic, but it is besides extraordinary, that the bereaved families of 29 individuals... inactive look unanswered questions into the circumstances of what is often described arsenic the RAF's worst peacetime disaster," Sam Jacobs, for the CJC, told the tribunal successful London.
Several relatives of those who died attended court, immoderate of whom wept during the hearing.
Andy Tobias, whose begetter Lieutenant Colonel John Tobias MBE died successful the crash, called it a "hugely momentous day".
The chopper was transporting 25 quality experts and 4 peculiar forces unit from RAF Aldergrove successful Northern Ireland to Fort George adjacent Inverness erstwhile it crashed successful foggy weather.
In written submissions, Jacobs said that the clang came 2 days aft the chopper was delivered, pursuing a "fraught upgrade and introduction".
He continued that the MoD was suing Boeing implicit the upgrade earlier the crash, and that a safety-critical motor power strategy connected the chopper was described by the Aircraft and Armament Experimental Establishment arsenic having a "density of deficiencies".
Jacobs besides said that the chopper progressive successful the clang needed 1 of its engines replaced 3 times successful the months earlier the incident, with issues besides reported with its 2nd engine.
He said: "It is plainly arguable that airworthiness caused the crash; indeed, arguable that the HC-2 should not person been flying astatine all."
Daniel Beard KC, for the MoD, said successful written submissions that the clang has been the taxable of "extensive investigations", and that the CJC has not "raised immoderate accusation adjacent arguably susceptible of reviving immoderate investigative obligation".
He besides said that the Boeing litigation was "not applicable to the crash" and that the CJC's lawsuit was based connected "vague assertions" astir the helicopter's airworthiness, without explaining wherefore the ineligible situation had not been brought sooner.
He added that "given the paucity of grounds and the transition of time, it is improbable that further meaningful probe is possible, oregon that further probe would service a applicable purpose".
He continued: "The claimant understandably wants to bring the afloat facts to light.
"However, that aspiration indispensable beryllium considered successful presumption of the evidential limitations, the civilian claims that person been resolved, the lessons that person been learned and the transformed operational context."
The proceeding is owed to reason aboriginal connected Tuesday.
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