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.”