The families of victims of a crash involving a Chinook helicopter are taking legal action against the government for not ordering a public inquiry into the disaster.
All 25 British intelligence personnel on board the RAF Chinook ZD576 died when it crashed in fog on the Mull of Kintyre while flying from RAF Aldergrove to Fort George, Inverness on June 2, 1994.
As well as the passengers – made up of personnel from the MI5, the Royal Ulster Constabulary and the British Army – the four crew members on the flight also died in the tragedy.
Now the Chinook Justice Campaign is accusing the Ministry of Defence (MoD) of breaching its human rights obligations by failing to commission an inquiry, which victims’ families say could shed new light on the airworthiness of the helicopter.
In a letter to the government, the group said: ‘The investigations conducted to date, whether considered individually or in combination, have failed to discharge the investigative duty.’
Solicitor Mark Stephens, 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.’
What do we know about the cause of the crash?
An initial enquiry found no cause for the crash due to a lack of conclusive evidence.
A later verdict, which accused the Chinook’s pilots Flight Lieutenants Richard Cook and Jonathan Tapper of gross negligence, was overturned by the government 17 years later after a campaign by the families.
‘Numerous concerns’ were found in a subsequent review by Lord Phillip, which found that the MoD’s testing centre at Boscombe Down in Wiltshire had declared the Chinook Mk2 helicopters ‘unairworthy’ prior to the crash.
Questions remain around the history of the Chinook, which was originally delivered to the RAF from Boeing in December 1983.
In the weeks leading up to the tragedy, multiple technical faults required both engines on the helicopter to be replaced.
Concerns grew so serious that several test pilots at Boscombe Down refused to fly the HC2 model until the issues were resolved.
The Chinook accident was the RAF’s worst disaster in peacetime.
What do the victims’ families want?
As well as a public inquiry, the crash victims’ families have called for the disclosure of documents that were sealed for 100 years at the time of the incident.
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.’
The Ministry of Defence said that early release of records held in the National Archives would breach data protection rights as it contained personal information.
A spokesperson for the MoD 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.’
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