Graham and Trish Knight this week revealed the move in the wake of the independent Haddon-Cave report which was highly critical of 10 individuals at the Ministry of Defence; the aircraft's manufacturer; BAE Systems and independent defence analyst QinetiQ.

Senior counsel acting for the family of Sergeant Ben Knight have formally requested that the Crown Prosecution Service considers the fresh information contained in the Haddon-Cave report.

Law firm Smithfield Partners and leading counsel John Cooper have asked the CPS and Director for Public Prosecutions to consider whether there is a reasonable prospect of a successful prosecution, and whether it is in the public interest for such a prosecution to take place.

At the same time, Mr and Mrs Knight have written to Kevin Myres, deputy chief executive officer of the Health and Safety Executive, urging him to investigate the MoD for failing to ensure the airworthiness of the aircraft and failing to comply with the Health and Safety at Work Act 1974.

In a statement, the couple said they expected the CPS to support the assertion in the Haddon-Cave report that there may have been potential criminality in the conduct of those individuals named in the report.

A number of individuals involved in airworthiness and safety have subsequently been redeployed within the RAF to roles not linked to airworthiness.

The couple said: "It is manifestly in the public interest that brave young people sent by their Government into the theatre of war are, as a minimum, provided with proper and safe equipment."

Nimrod XV230 from 120 Squadron at RAF Kinloss exploded in mid-air in September, 2006, minutes after an air-to-air refuelling had taken place.

A fuel leak caused a catastrophic fire on board the 37-year-old aircraft - the first Nimrod to go into service with the RAF - and the plane exploded as the crew desperately tried to land her at Kandahar airfield.

The independent report by senior aviation QC Charles Haddon-Cave found that the accident was avoidable and the aircraft was lost because of a "systemic breach of the military covenant brought about by the significant failures on the part of the MoD, BAE Systems and QinetiQ".

The report concluded that a Nimrod safety case had represented the best chance of picking up on the design flaws which had lain dormant in the MR2 fleet for many years before the accident. A safety case is designed to identify, assess and mitigate serious risks.

Haddon-Cave said that the safety case was riddled with mistakes and failures.

Had it been done properly, he concluded, then the risk posed by a cross-feed/supplementary conditioning pack duct and air-to-air refuelling would have been spotted and XV230 would not have been lost.

Meanwhile, Moray MP Angus Robertson has pressed Armed Forces Minister Bill Rammell to speed up the payment of compensation to the families of the 14 dead personnel, which has still not been paid more than three years after the crash.

"Armed Forces Minister Bill Rammell listened with concern when I briefed him on the many concerns raised about delayed compensation arrangements for family members. In a positive suggestion, he has offered to bring together lawyers from both sides to discuss any hold-ups in the process.

"This issue should be resolved as a priority, and any moves which genuinely hasten an agreement and closure for the families will be warmly welcomed," he added.

Meanwhile, plans to erect a permanent memorial in Forres as a tribute to the 14 personnel have hit a stumbling block. A plan to erect a memorial cairn in the town's Grant Park has been refused, but efforts are continuing to find a permanent location for the memorial, which would be paid for out of money raised for the families.

A spokesman for Moray Council said: "Discussions have been taking place between the families and the four councillors who represent the Forres and Kinloss areas.

"The local members are sympathetic to, and supportive of, the families' desire to erect a memorial to the loved ones who tragically lost their lives.

"Along with council officers, they are keen to continue those discussions with the families in the hope of identifying a location for the memorial to the Nimrod crew that is acceptable to everyone concerned, and the local members are willing to facilitate a consultation with the wider community to help identify such a location."

c.saunderson@northern-scot.co.uk

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