REVIEW OF PILOT DEATH
Lt Col HYVONEN (2001)
Decision criticised by pilot's widow THE widow of one of two United States Airforce pilots killed when their jets crashed in the Highlands has denounced the decision to clear an air traffic controller of causing their deaths as "a miscarriage of justice".
After the longest and most expensive court martial in RAF history, a jury of six senior officers acquitted Flight Lieutenant Malcolm Williams of all charges relating to the deaths of Lieutenant Colonel Kenneth Hyvonen and Captain Kirk Jones.
The Americans died when their F15 jets crashed into Ben Macdhui in the Cairngorms on 26 March, 2001. Flt Lt Williams, who returned to work on the day of the crash after two weeks compassionate leave following the death of his father, had been in radio and radar contact with Lt Col Hyvonen, the lead pilot.
Last night, Sonia Hyvonen, the pilot’s widow, told The Scotsman she believed the air traffic controller’s actions had played a part in her husband’s death. "I just feel gutted about the verdict," she said. "I know he didn’t do it on purpose, but I also know my husband was relying on him. I just feel it’s a miscarriage of justice."
The court martial heard that Flt Lt Williams, based at RAF Leuchars in Fife, told the pilots to fly below the minimum safe altitude of 6,500ft when they requested the "minimum vectoring altitude", a US term unfamiliar to the RAF at the time meaning the lowest safe altitude to fly. It was claimed that Flt Lt Williams, 47, did not understand the term but failed to query it.
New regulations governing how air traffic controllers deal with aircraft were introduced by the RAF after the crash.
Guidelines relating to staff who return to work after a period of emotional stress were also changed. Colleagues told the court martial that Flt Lt Williams had been clearly still upset about his father’s death .
The reforms were widely viewed as an admission that the rules in place at the time of the incident were inadequate.
Flt Lt Williams was also found not guilty of an alternative charge of professional negligence after the 22-day, £1.5 million hearing in Helensburgh, Argyll and Bute.
The Guild of Air Traffic Control Officers called for an inquiry into the case, claiming Flt Lt Williams would not have been court-martialled if evidence had not been overlooked by the prosecution.
The controller’s wife, Sue, and his sister, Barbara, buried their heads in their hands when the verdict was delivered. Asked whether he was relieved at the outcome, he nodded and said: "Yes." His wife added: "Yes, very."
In a statement, Flt Lt Williams said he was saddened by the "tragic accident" which led to the pilots’ deaths.
He said: "Today’s verdict is a great relief. The last two years have been extremely stressful for me and my family and we are now looking forward to returning to some sense of normality.
"In particular, I want to thank my wife, family and friends. My sympathy and thoughts go to the families of the two pilots who lost their lives in this tragic accident - their loss is heartbreaking."
His wife added: "The professionalism and good name of the RAF has also been brought into question. There were many occasions during the last 23 months that it felt like David fighting Goliath. We are relieved the struggle is finally over."
The US pilots were on a low-flying exercise from RAF Lakenheath in Suffolk when they disappeared. Mountain rescue teams battled through white-out conditions to find the wreckage near the summit of the Highland mountain, the second highest in the UK. The bodies of Lt Col Hyvonen and Capt Jones were recovered several days later.
The US Air Force (USAF) later said its findings into the crash were not likely to be available for the "next few months". This angered air-traffic controllers, who felt that Flt Lt Williams was being made a scapegoat because it is understood the US inquiry has already blamed pilot error.
A USAF spokesman, Major Scott Vadnais, said its inquiry had been put on hold until the end of the RAF court martial as it did not want to "taint the trial".
Mrs Hyvonen said: "I understand that the USAF have put the accident down to a chain of events. They didn’t look at it and decide it was any one thing that caused the crash."
An RAF spokesman said: " The fact that the board has given the benefit of the doubt to the accused and found him not guilty is a sign of a good, strong system of justice." J E A N E T T E O L D H A M writes in
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