Chinook crash families ‘furious and disgusted’ after MoD dismisses demands for a judge-led public inquiry to establish the truth
On Armed Forces Day, angry service families vow to pursue a Judicial Review at the High Court
The families of those killed in the 1994 RAF Chinook crash on the Mull of Kintyre have condemned a decision by the Ministry of Defence to reject their demands for a public inquiry and to give access to files which have been sealed for 100 years.
Legal action was sparked earlier this month with a ‘letter before action’ issued on the 31st anniversary of the tragedy, which claimed the lives of all 29 on board, including 25 of the UK’s most senior intelligence experts and four Special Forces crew.
Today, on Armed Forces Day, relatives of those killed say they will now seek a Judicial Review at the High Court into the government’s failure, and refusal, to order a judge-led public inquiry into the circumstances surrounding the crash, under Article 2 of the Human Rights Act which protects the right to life.
Nicola Rawcliffe, whose brother Major Christopher Dockerty, was killed in the crash said: “I am furious and disgusted with the MoD’s decision to summarily dismiss our claim. The MoD is continuing to deceive our families and disrespect our loved one’s memories by claiming that the many previous inquiries investigated all the facts, but we now know the aircraft was not airworthy. They didn’t know half of what we know now.
“My brother was only 33 years old. He gave his life in service of his country and all we have had in return is dishonesty, deception and disdain from the Ministry of Defence. All this week, ministers have expressed their pride in those serving their country, but they seem willing to hide the truth about those who died in service.
“The government may have sealed the files for 100 years, but we, the families of those who died, are firmly united, strong and defiant and we will get to the truth, no matter what it takes.”
Just this week, on his Political Currency podcast, former Chancellor George Osborne said that Sir Liam Fox, who was Defence Secretary when the two pilots were cleared of blame. now had “doubts” that the airworthiness issue had been properly investigated previously.
Solicitor Mark Stephens, CBE, from law firm Howard Kennedy, said: “This decision by the MoD to dismiss our claim is an unforgivable betrayal of service people who gave their lives for their country and an undisguised slap in the face for their long-suffering and bereaved families. So much for the government’s so-called commitment to Duty of Candour.
“We know that the Mark 2 Chinook was considered “positively dangerous” at the time by test engineers at Boscombe Down because of fatal flaws in the software, and that they mandated the aircraft be grounded. Yet Chinook ZD 576 took off and crashed. Someone ordered that grounded aircraft to leave the ground. The families deserve to know why and to finally find out the facts.
“The MoD says our claim is time-barred because it’s 31 years later - but they’ve locked the files away for 100 years. They claim the Human Rights Act doesn’t apply because it was introduced after the crash, but on the other hand they have locked away the files for data protection reasons - when those rules also came into effect long after the crash. Their argument is as weak as their honesty.
“We will now seek a Judicial Review into the Ministry of Defence’s decision to deny the families truth, transparency and justice.”
RAF Chinook ZD576 crashed en-route from RAF Aldergrove in Northern Ireland to a conference at Fort George in Scotland but evidence which has emerged since shows that the aircraft was not airworthy and had been grounded the day before the crash. It should never have taken off on that fateful flight.
Andy Tobias, who was only 8 when his father Lt Col John Tobias, 41, was killed, said: “My childhood was stolen from me because someone decided my Dad and his colleagues should be put on a helicopter that was not fit for purpose.
“The MOD had a duty of care to those on board, and they failed that catastrophically by making them fly in an unairworthy aircraft with well known and documented issues and by doing so they stole their right to life.
“My mum, my brother, I and all the families deserve the truth and the MoD must repay the honour and integrity that those on board had shown in their years of service to their country. That’s why we formed the Chinook Justice Campaign and we will not rest until we get the truth. If that takes a judge to rule in court, then so be it.”
The helicopter was carrying 25 British intelligence personnel from MI5, the Royal Ulster Constabulary and the British Army. The two pilots were both United Kingdom Special Forces pilots, and the entire crew had exemplary service records - yet it took 17 years to clear the pilots’ names after they were wrongly accused of “gross negligence.”
The Chinook Justice Campaign was formed following a BBC documentary last year in which it emerged that the MoD had sealed the crash files for an unprecedented 100 years. The documents could be locked away longer pending review at that time.
Although there have been several previous inquiries, including an RAF Board of Inquiry, a Fatal Accident Inquiry and several parliamentary investigations, the families’ legal claim - issued by pro-bono legal team from law firm Howard Kennedy and barristers at Doughty Street Chambers - says these have all been “hampered by limited access to important information and evidence and unduly narrow scopes of investigation”.
Leaked documents obtained by the families - and available on the Chinook Justice Campaign website - prove that the Boeing Mark 2 Chinook experienced “unpredictable malfunctions” as well as “shutdowns and surges in power”. The FADEC engine software was considered by test engineers at Boscombe Down to be “positively dangerous” and “not to be relied upon in any way whatsoever.”
The families’ legal claim states that the mandates “prohibited engine start-up, never mind flight, but RAF aircrew were not told this, nor the passengers.” These issues have never fully been investigated by any of the previous inquiries.
Nearly all of the 29 families involved have joined the Chinook Justice Campaign and all back the legal case for a Judicial Review.
The campaign formally requested a public inquiry in October last year. Despite the Government's commitments over Hillsborough Law and the Duty of Candour on public bodies, Alistair Carns, Minister for Veterans and People, rejected the request.
Andy Tobias concludes: “The Prime Minister has the power to give us answers without us having to resort to the High Court. What we need to see from him urgently is the Duty of Candour he promised in the House of Commons less than two weeks ago. We want access to the documents, answers from the MoD for past mistakes and accountability for putting our relatives on an aircraft that was not airworthy and should never have taken off.”
Find out more about our Mull of Kintyre Chinook Crash campaign.