POLICE will not be able to use a damning report as evidence if they plan to prosecute over the Shoreham Airshow crash.

The Air Accidents Investigation Branch’s findings - which raised concerns about the actions of pilot Andrew Hill, airshow organisers and the Civil Aviation Authority - are inadmissible so could not be used if a case ever went to court, families were told.

Relatives of the 11 men killed when a Hawker Hunter jet crashed on to the A27 were informed officers cannot use any of the 400-page dossier produced by the impartial body to form part of the case they are in the process of presenting to the Crown Prosecution Service (CPS).

Police told relatives this was because every piece of information used in the report was submitted anonymously to AAIB investigators and officers were having to make their own enquiries to corroborate any information presented in the findings.

The news comes as the county marked two years since the tragedy.

Caroline Schilt, the mother of 23-year-old victim Jacob, said: “We’re as frustrated and angry as the police are.

“They didn’t get what they wanted at the High Court and that has been crucial in this investigation and now the AAIB report is inadmissible.”

The 57-year-old, of Patcham, said when that report was published in March the mourning families thought “yay, it’s done now” but were then briefed on the bad news by police who explained why none of the “great deal” of evidence which had emerged could be used.

She said: “We’re not at all unimpressed by the police, they contact us regularly.”

She said she and her husband Bob were “very happy” with Detective Superintendent Adam Hibbert, who has taken over leading the investigation from Detective Chief Inspector Paul Rymarz.

She added: “He came to the house and spent an hour and a half with us.

“He explained to us that everyone who was on that team, from the very start, is still on it. They have been working on it every day.

“We found him very reassuring. At the pre-inquest review he spoke to families in advance so we knew what he was going to say to the coroner.

“He wrote to us all in advance of this anniversary to say they were in contact with the CPS and they were doing their level best and they were nearly there.”

Sussex Police would not comment when contacted by The Argus yesterday and said they did not want to go into any further detail about the investigation at present.

Investigating officers presenting a case for prosecutors to consider taking to court have an entirely different set of procedures they need to follow when gathering evidence. Sometimes they cannot use information available to them if it could be seen as overly prejudicial. A criminal barrister told The Argus it was not unusual for such a report to be inadmissible but another lawyer said AAIB findings have been produced as evidence in past civil cases.

On Monday Det Supt Hibbert said the force was close to providing all the evidence needed to the CPS.

He said: “This continues to be a complex enquiry, but we are close to completing the process of providing all of the evidence that the CPS requires. I am not prepared to say exactly when that work might be completed as these final lines of enquiry can be frustratingly protracted in coming to fruition, but we are very much at the stage where the need for granular detail is vital.

“We have continued to keep the families of the victims in touch with the progress of the investigation, most recently earlier this month.”

An inquest is on hold until a decision is made on prosecution.

KEY FINDINGS FROM THE AIRSHOW CRASH REPORT

THE Air Accidents Investigation Branch (AAIB) aimed criticism at pilot Andrew Hill, airshow organisers and industry watchdog the Civil Aviation Authority when it published its findings on the Shoreham Airshow crash.

Hill made fatal errors before the crash, the AAIB found.

He was flying too low and too slow when he entered the loop-the-loop, a report published in March by the independent body said.

The investigation found he could have pulled out of the stunt when he realised he did not have enough height, but failed to do so and also broke flying rules at the show the year before.

The 53-year-old, of Hertfordshire, was interviewed seven times by AAIB investigators but told them he could not remember anything about the crash flight.

The AAIB’s 18-month probe slammed airshow organisers for its lack of planning, failure to carry out a suitable or sufficient risk assessment and put in place safety measures to protect the public.

The CAA also came under fire for insufficient safety checks when allowing the airshow to go ahead.

As a result the Government is reviewing the way the entire industry is regulated. The Department for Transport said it will make an announcement soon.

Sussex Police questioned Hill twice under caution. He attended these interviews voluntarily and has never been arrested. Officers are investigating him for possible manslaughter by gross negligence and are now in the process of sharing evidence with the Crown Prosecution Service (CPS). No-one else is being investigated.