Latest news with #MullOfKintyre
The Independent
3 days ago
- General
- The Independent
Families sue MoD for answers over 1994 Chinook crash that killed 29
Families of the 29 people killed in the 1994 Chinook helicopter crash on the Mull of Kintyre are launching legal action against the Ministry of Defence (MoD) for not ordering a public inquiry. The families, united as the Chinook Justice Campaign, believe a High Court judge should review previously unexamined information that could shed light on the helicopter's airworthiness, alleging the government is breaching human rights obligations by failing to order an inquiry. Solicitor Mark Stephens, representing the families, asserts the MoD failed to apply appropriate safeguards, putting passengers and crew on a known dangerous aircraft, leading to the call for a judicial review into the government's failure to hold a public inquiry. Following the crash, the Chinook's pilots were initially accused of gross negligence, but this verdict was overturned 17 years later; a subsequent review highlighted concerns about the Chinook Mk2 helicopters' airworthiness prior to the crash. The families want answers about the circumstances of the crash, questioning who made the decision to allow the helicopter to take off and what information is being hidden, while the MoD claims early release of sealed documents would breach data protection rights.
The Independent
3 days ago
- General
- The Independent
Families of Chinook crash victims to launch legal action against MoD
The families of those killed in a Chinook helicopter crash on the Mull of Kintyre in 1994 have said they are beginning legal action against the Ministry of Defence (MoD) for not ordering a public inquiry. They want a High Court judge to be able to review information which they say was not included in previous investigations, and which they believe will shed new light on the airworthiness of the helicopter. RAF Chinook ZD576 was carrying 25 British intelligence personnel from RAF Aldergrove in Northern Ireland to a conference at Fort George near Inverness when it crashed in foggy weather on June 2, 1994. All 25 passengers – made up of personnel from MI5, the Royal Ulster Constabulary and the British Army – were killed, along with the helicopter's four crew members. The families of the victims, who have coalesced into the Chinook Justice Campaign, said failing to order a public inquiry is a breach of the UK Government's human rights obligations. In a letter to the Government 31 years after the crash, the group said: 'The investigations conducted to date, whether considered individually or in combination, have failed to discharge the investigative duty.' They have also called for the release of documents that were sealed at the time of the crash for 100 years, something revealed in a BBC documentary last year. Solicitor Mark Stephens, who is representing the families, said: 'In this case, the families of those who were killed have seen more than enough evidence to convince them, and us, that there was a failure by the MoD to apply appropriate safeguards in order to protect the passengers and crew. 'In fact, they were put on board an aircraft that was known to be positively dangerous and should never have taken off. 'That is why we are seeking a judicial review into the Government's failure to hold a public inquiry – which the families have sought for more than a year.' Following the crash, the Chinook's pilots, Flight Lieutenants Richard Cook and Jonathan Tapper, were accused of gross negligence, but this verdict was overturned by the UK Government 17 years later, following a campaign by the families. A subsequent review by Lord Philip set out 'numerous concerns' raised by those who worked on the Chinooks, with the MoD's testing centre at Boscombe Down in Wiltshire declaring the Chinook Mk2 helicopters 'unairworthy' prior to the crash. Esme Sparks, who was seven years old when her father Major Gary Sparks was killed in the crash, said: 'We don't want to have to take legal action against the Government and MoD but we do want and need answers surrounding the circumstance of this crash. 'We want to know who or what is being protected? Who made the decision to let this helicopter take off? What is being hidden? In our view, a public inquiry is key.' Andy Tobias, who was eight when his father, Lt Col John Tobias, 41, was killed, said: 'It's clear to me that a complete lack of duty of care was given to those passengers because they got on a Chinook that wasn't fit for flight. 'And really, the government need to show their duty of candour and really be open and transparent about what's in those documents and give us the opportunity to really understand anything that's in them that could give us more answers about what happened.' The MoD said that records held in The National Archives contain personal information and early release of those documents would breach their data protection rights. An MoD spokesperson said: 'The Mull of Kintyre crash was a tragic accident and our thoughts and sympathies remain with the families, friends and colleagues of all those who died.'
Telegraph
3 days ago
- General
- Telegraph
MoD facing human rights lawsuit over Chinook crash
The Ministry of Defence is facing a human rights lawsuit over the Chinook helicopter crash on the Mull of Kintyre 30 years ago that killed 29 people. The families of those who died have said they are beginning legal action against the MoD for not ordering a public inquiry. They want a High Court judge to review information which they say was not included in previous investigations, and which they believe will shed new light on the airworthiness of the helicopter. RAF Chinook ZD576 was carrying 25 British intelligence personnel from RAF Aldergrove in Northern Ireland to a conference at Fort George near Inverness when it crashed in foggy weather on June 2 1994. All 25 passengers – made up of personnel from MI5, the Royal Ulster Constabulary and the British Army – were killed, along with four crew members. The families of the victims, who have formed the Chinook Justice Campaign, said failing to order a public inquiry was a breach of the Government's human rights obligations. In a letter to the Government 31 years after the crash, the group said: 'The investigations conducted to date, whether considered individually or in combination, have failed to discharge the investigative duty.' They have also called for the release of documents that were sealed at the time of the crash for 100 years, something revealed in a BBC documentary last year. Mark Stephens, the solicitor representing the families, said: 'In this case, the families of those who were killed have seen more than enough evidence to convince them, and us, that there was a failure by the MoD to apply appropriate safeguards in order to protect the passengers and crew. 'In fact, they were put on board an aircraft that was known to be positively dangerous and should never have taken off. 'That is why we are seeking a judicial review into the Government's failure to hold a public inquiry – which the families have sought for more than a year.' Following the crash, the Chinook's pilots, Flt Lt Richard Cook and Flt Lt Jonathan Tapper, were accused of gross negligence, but this verdict was overturned by the government 17 years later, following a campaign by the families. A subsequent review by Lord Philip set out 'numerous concerns' raised by those who worked on the Chinooks, with the MoD's testing centre at Boscombe Down in Wiltshire declaring the Chinook Mk2 helicopters 'unairworthy' prior to the crash. In 2010, it was reported that faulty computer software could have led to the crash. Esme Sparks, who was seven when her father Maj Gary Sparks was killed in the crash, said: 'We don't want to have to take legal action against the Government and MoD but we do want and need answers surrounding the circumstance of this crash. 'We want to know who or what is being protected? Who made the decision to let this helicopter take off? What is being hidden? In our view, a public inquiry is key.' The MoD said that records held in the National Archives contain personal information and early release of those documents would breach their data protection rights. An MoD spokesman said: 'The Mull of Kintyre crash was a tragic accident and our thoughts and sympathies remain with the families, friends and colleagues of all those who died.'
The Independent
3 days ago
- General
- The Independent
Lawyer joins calls for sealed Chinook crash documents to be released
A lawyer representing one of the pilots wrongly accused of negligence in the 1994 Mull of Kintyre Chinook crash has joined calls for the 'full truth' about the incident to be made public. RAF Chinook ZD576 crashed in foggy weather on the Mull of Kintyre on June 2 1994 while carrying 25 British intelligence personnel from RAF Aldergrove in Northern Ireland to Fort George near Inverness. The crash killed all 25 passengers along with all four members of the helicopter's crew in what remains one of the RAF's worst peacetime losses of life. Following the crash, the helicopter's dead pilots, flight lieutenants Richard Cook and Jonathan Tapper, were accused of gross negligence, but this was overturned in 2011, with the Government saying there was 'no justification' for it. A number of investigations into the incident have been carried out, including a review by Lord Philips, but last year a BBC documentary revealed a number of documents linked to the crash have been sealed for 100 years. The legal representative for Flight Lieutenant Cook has now joined bereaved families in calling for those documents to be made public and for the truth about what happened to RAF Chinook ZD576 to be revealed. Professor Peter Watson, solicitor advocate of PBW Law, said: 'The continued secrecy around these documents is indefensible after 30 years. The families deserve transparency and accountability. 'The men and women who died were dedicated public servants, military and civilian alike, lost in one of the most tragic peacetime events in RAF history. 'The fact their loved ones are still fighting for the truth three decades later is a national disgrace. 'The decision to seal vital documents for a century – until 2094 – is extraordinary and unjustified. What possible reason can there be for shielding the facts from public scrutiny for so long, particularly after the pilots were exonerated? 'The persistence of secrecy only fuels mistrust and prolongs the suffering of grieving families. It is time for the Ministry of Defence (MoD) and the UK Government to act with integrity and release these documents. 'The public, and most importantly the families, have a right to know the full truth.' Lord Philip's review set out numerous concerns raised by those who worked on the Chinooks, with staff at the MoD's testing centre at Boscombe Down in Wiltshire declaring the helicopters 'unfit to fly' prior to the crash. Prof Watson's call comes after the Chinook Justice Campaign, which includes the families of those who died, issued an open letter renewing calls for a public inquiry and for the sealed documents to be released in full. The group made a formal request for a public inquiry in October, but this was turned down by minister for veterans and people Alistair Carns in December. The group added that the minister has not responded to further requests for a meeting. The open letter also describes the 'huge concern and upset' experienced by the bereaved families as a result of the sealed documents. 'The papers will not be released until 2094, long after the spouses and children of those killed have themselves passed away,' it states. 'It is unbearable to us as bereaved families to know that this sealed information could give us the answers we need.' The MoD said the closed records contain personal information relating to third parties, and that releasing them early would breach those individuals' data protection rights. The ministry added that it was 'highly unlikely' a further review would identify any new evidence, or reach new conclusions on the basis of existing evidence. A MoD spokesperson said: 'The Mull of Kintyre crash was a tragic accident and our thoughts and sympathies remain with the families, friends and colleagues of all those who died.'
The Guardian
3 days ago
- General
- The Guardian
Relatives of 1994 Chinook crash victims initiate legal action against MoD
Relatives of intelligence officers and military personnel killed in a 1994 RAF helicopter crash on the Mull of Kintyre have taken the first step in legal action against the Ministry of Defence (MoD). Twenty-nine people – including officers from MI5, the Royal Ulster Constabulary and the army, along with the helicopter's special forces crew – died after RAF Chinook ZD576 crashed in foggy weather in south-west Scotland on 2 June 1994. Now, 31 years to the day, lawyers acting pro bono for the bereaved have issued the MoD with a 'letter before action', seen by the Guardian. The letter formally informs the MoD of the Chinook Justice Campaign's intention to apply for a judicial review of the decision not to hold a public inquiry into circumstances of the crash, citing article 2 of the Human Rights Act, which protects the right to life. It urges the secretary of state for defence, John Healey, to start an inquiry 'without further delay', giving him 14 days to respond. Last week the Guardian reported the families' demand, in an open letter to the government, for the full release of archive documents that have been locked away until 2094 by the MoD. Their lawyers believe a public judge-led inquiry would have full access to material that previous investigations have not been able to consider. Sign up to Headlines UK Get the day's headlines and highlights emailed direct to you every morning after newsletter promotion Mark Stephens, of the law firm Howard Kennedy, said: 'The government has a legal obligation to answer the families. Thirty-one years on, there can be no operational reasons for secrecy and the only way to find out the truth is with a judge-led inquiry where the judge can review the so-called 'secret' material and answer the multitude of questions that are left begging.' Stephens said the families and their legal counsel had seen 'more than enough evidence' to convince them the 'aircraft should never have taken off'. The most recent review, by Lord Philip in 2011, set out safety concerns but concluded the cause of the crash was unlikely to be ever known, while exonerating the helicopter's late pilots, Flt Lts Richard Cook and Jonathan Tapper, who had been found guilty of 'gross negligence' by the RAF 17 years earlier. Esme Sparks, from County Durham, whose father, Maj Gary Sparks, was killed in the crash, said: 'We don't want to have to take legal action against the government, but we do want and need answers. What is being hidden? In our view, a public inquiry is key.' Andy Tobias, who was eight when his father, Lt Col John Tobias, 41, was killed, said: 'It's clear to me that a complete lack of duty of care was given to those passengers because they got on a Chinook that wasn't fit for flight. 'And really, the government need to show their duty of candour and really be open and transparent about what's in those documents and give us the opportunity to really understand anything that's in them that could give us more answers about what happened.' On Sunday, families attended a private commemoration at the National Memorial Arboretum in Staffordshire. Describing the crash as 'a tragic accident', an MoD spokesperson previously said: 'Our thoughts and sympathies remain with the families, friends and colleagues of all those who died.'
