Families of Scots Chinook helicopter crash victims press on with MoD legal case
The RAF chopper crashed on the Mull of Kintyre in 1994.
The families of those killed in the 1994 Chinook helicopter crash have said they will press on with seeking a judicial review after the Ministry of Defence (MoD) dismissed their demands for a judge-led public inquiry.
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 on the Mull of Kintyre.
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 launched legal action in a 'letter before action' to the UK Government sent earlier this month on the 31st anniversary of the crash.
They said they will now pursue a judicial review after the MoD responded and rejected their demands for a public inquiry into the circumstances surrounding the crash, and for access to files which have been sealed for 100 years.
Nicola Rawcliffe, whose brother Major Christopher Dockerty was killed in the crash aged 33, 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 ones' 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.
" 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."
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.
The MoD said the crash was a 'tragic accident' and while its sympathies remain with the families and friends of the victims, there have been several investigations and inquiries and it believes it is unlikely another would reach any new conclusions.
Join the Daily Record WhatsApp community!
Get the latest news sent straight to your messages by joining our WhatsApp community today.
You'll receive daily updates on breaking news as well as the top headlines across Scotland.
No one will be able to see who is signed up and no one can send messages except the Daily Record team.
All you have to do is click here if you're on mobile, select 'Join Community' and you're in!
If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'.
We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like.
To leave our community click on the name at the top of your screen and choose 'exit group'.
If you're curious, you can read our Privacy Notice.
Andy Tobias, who was eight when his father Lieutenant Colonel 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.
"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 families, 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.
Solicitor Mark Stephens 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."
The lawyer, from law firm Howard Kennedy, added: "So much for the Government's so-called commitment to duty of candour. We will now seek a judicial review into the Ministry of Defence's decision to deny the families truth, transparency and justice."
The Ministry of Defence 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 MoD spokesperson added: "We understand that the lack of certainty about the cause of the crash has added to the distress of the families.
"We provided a detailed and considered response to the pre-action protocol letter stating the reasons why we cannot accept the demand for establishing a new public inquiry.
"It's unlikely that a public inquiry would identify any new evidence or reach new conclusions on the basis of existing evidence. The accident has already been the subject of six inquiries and investigations, including an independent judge-led review."
It is understood the sealed documents contain personal information relating to third party individuals and the early release of this information would breach those individuals' data protection rights.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mirror
44 minutes ago
- Daily Mirror
Beach horror as 1,000 injured in 'Jaws-like' incident as blood turns sea red
A British beach turned into a scene reminiscent of a horror film as nearly 1,000 people were injured in a horror attack dubbed 'The Day the Sea Turned Red in Devon' Twenty-seven years ago, a day at the beach turned into a nightmare. It's known as 'The Day the Sea Turned Red in Devon'. And it's not an exaggeration. It started as a complete mystery. One moment everything was perfectly normal on a sunny Sunday in August 1998. Within a few hours, between 800 and 1,000 people were injured and eyewitnesses compared the scenes on Paignton Beach to 'a scene from Jaws'. People were covered in blood and panic spread rapidly. Emergency services were called and police patrolled the seafront from Preston to Goodrington, telling people to get out of the water. Thirty individuals were so badly injured that they needed to be taken to Torbay Hospital, reports Devon Live.. The beach was filled with the sounds of laughter, waves and seagulls – but within minutes, holidaymakers and locals began running from the beach in terror, with blood streaming from their feet. The Paignton Regatta was in full swing and the seafront was bustling - and then the day transformed into something out of a horror film. At around 1pm, the tranquillity of a sunny day was broken as first aiders on Paignton Green dealt with a flood of beachgoers reporting cuts from something sharp in the sea. As more and more people ventured into the warm shallows during an unusually low tide, the number of injuries skyrocketed. Chaos erupted on the shores as police, beach attendants, and emergency responders swiftly secured a seaside town, prompting an urgent evacuation of swimmers. Eager holidaymakers watched as ambulances and the Devon Air Ambulance descended upon the scene, adding to the dramatic rescue operation unfolding before their eyes. Described by locals as a 'total emergency', swift action was taken by Torbay Council to manage the multi-agency response involving coastguards and paramedics who rushed to aid the wounded. Initially baffling officials, the mystery behind the mass injuries at the beach was eventually linked to hidden razor fish shells, brought to the surface by an unusually low tide that caught sun-seekers off guard. Commenting on the incident, former MP for Torbay, Adrian Sanders witnessed the commotion firsthand, remarking to bystanders, "It was like a scene from Jaws as the police cleared the sea of people." Nationally, the spectacle triggered significant attention, with memories of the day etched in those present. Brian Pearce, the beach manager at the time, relayed to the Independent his shock as he witnessed hundreds with lacerated feet emerging from the sea. While most had minor injuries, some required hospital treatment; it was a day Pearce hoped would remain unparalleled, saying, "The majority had small cuts, but a few had bad ones which were treated in hospital. I have never seen anything like it. I hope I do not see it again." Chaos reigned at Paignton Green as ambulances weaved through throngs of people, with Torbay Hospital's casualty unit on urgent alert. Along Preston Beach and neighbouring sites of Broadsands and Hollicombe, distress calls reported numerous injuries. The din of sirens drowned out the lively seafront karaoke, thrusting emergency services into frenetic action. Fresh ambulances turned up, bearing extra medical supplies like dressings and saline solutions for treating wounds, while the Devon Air Ambulance cut through the skies to make an urgent delivery, interrupting a casual game of rounders. Ambulance group station officer Chris Coles, one of the first responders, instantly grasped the severity, proclaiming, "We knew straight away we were dealing with multiple casualties." Support was hastily summoned from the Red Cross, involved in a demonstration at Brixham, and from the St John Ambulance medics. Dramatically, a normally tranquil spot for family picnics on Paignton Green was swiftly transformed into an impromptu field hospital by the police. As caregivers diligently worked, one paramedic, finishing with a patient, raised their head to call forward another with a terse, "Next!". Police chief Inspector Peter Dale swiftly responded to the escalating situation by directing his officers to patrol the beach and warn unsuspecting sunbathers to steer clear of the treacherous razor fish beds. Young Lana McAreavey, only 11 years old from Princes Street in Paignton, experienced a painful mishap after treading on one of the sharp shells, necessitating medical attention. Reflecting on the ordeal, she said, "It does hurt a bit, and I can't put my shoe on." A startled holidaymaker described their shock at being wounded unexpectedly: "I was just walking through the shallow water when I felt something with my foot. It was so sharp that I didn't realise I was cut until I looked down and saw the blood." Ten-year-old Sarah Richards from Pontefract, West Yorkshire, found herself in distress requiring three stitches due to her injury. The youngster recounted, "I was walking with my mum and I trod on something. Then I started screaming." Another young beach-goer, Charlotte Mills aged 10, recounted her harrowing experience, which resulted in two stitches for a lacerated foot. With her father Tim Brown by her side, Charlotte explained, "I was in the water and something cut my foot. I thought it was a crab at first. Then I saw a massive cut on my foot and my friend gave me a piggyback up the beach." The staff at Torbay Hospital faced an unusually hectic day as they dealt with the aftermath, treating casualties non-stop for over two hours. An astounding thirty patients, mainly children, required medical care, prompting a section of A&E to be dedicated solely to coping with this sudden spike in injuries. A hospital spokesperson, reflecting on the event, said: "I have never seen anything like it before and people who have lived here for years have never heard of this kind of thing happening. ''. Torbay Council swiftly erected warning signs on the beaches, handed out hundreds of leaflets and issued loudhailer warnings. Meanwhile, local traders quickly ran out of stock for flip-flops and plastic 'jelly' shoes.
The Herald Scotland
3 hours ago
- The Herald Scotland
Families of Chinook crash victims press on with legal action
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 on the Mull of Kintyre. The families of those killed in the 1994 Chinook helicopter crash have said they will press on with seeking a judicial review after the Ministry of Defence (MoD) dismissed their demands for a judge-led public inquiry. 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 launched legal action in a 'letter before action' to the UK Government sent earlier this month on the 31st anniversary of the crash. They said they will now pursue a judicial review after the MoD responded and rejected their demands for a public inquiry into the circumstances surrounding the crash, and for access to files which have been sealed for 100 years. Nicola Rawcliffe, whose brother Major Christopher Dockerty was killed in the crash aged 33, said: 'I am furious and disgusted with the MoD's decision to summarily dismiss our claim. Read More 'The MoD is continuing to deceive our families and disrespect our loved ones' 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. '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.' 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. The MoD said the crash was a 'tragic accident' and while its sympathies remain with the families and friends of the victims, there have been several investigations and inquiries and it believes it is unlikely another would reach any new conclusions. Andy Tobias, who was eight when his father Lieutenant Colonel 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. '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 families, 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. Solicitor Mark Stephens, 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 will now seek a judicial review into the Ministry of Defence's decision to deny the families truth, transparency and justice.' 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. 'We understand that the lack of certainty about the cause of the crash has added to the distress of the families. 'We provided a detailed and considered response to the pre-action protocol letter stating the reasons why we cannot accept the demand for establishing a new public inquiry. 'It's unlikely that a public inquiry would identify any new evidence or reach new conclusions on the basis of existing evidence. 'The accident has already been the subject of six inquiries and investigations, including an independent judge-led review.' It is understood the sealed documents contain personal information relating to third party individuals and the early release of this information would breach those individuals' data protection rights.
The National
3 hours ago
- The National
Jamaican government to take fight for slavery reparations to King
Officials for the Commonwealth realm have submitted three 'legal questions' for King Charles to take to the Privy Council – the formal body that advises the British monarch. Olivia Grange, Jamaica's minister of culture, gender, entertainment and sport, said the filing was on behalf of the people of Jamaica. She said: 'We are taking our demand for reparations from the United Kingdom for the enslavement of our African ancestors into another phase. READ MORE: Irn-Bru owner in advanced talks with potential buyer for drinks brand facing closure 'We will be submitting a petition to His Majesty King Charles III to refer to the Privy Council a set of questions that we want answered within his current position as head of state for Jamaica.' In the submission, officials will ask whether the forced transport of African people from their homelands to their subsequent enslavement in Jamaica was lawful, along with whether the transportation and slavery of people of African descent can be considered 'crimes against humanity under international law for which the UK bears responsibility'. They will also ask 'whether the UK is under an obligation to provide a remedy to the Jamaican people for the unlawful transport and subsequent enslavement of African people in Jamaica under British rule'. During the announcement of the petition at the House of Representatives, Grange said that 'the matter is now with the attorney-general of Jamaica for filing on behalf of the people of Jamaica'. (Image: Temilade Adelaja/PA Wire) Grange added that Jamaican officials had given the matter careful thought and that they had taken 'much into consideration, including positions discussed with us by several legal minds.' Ministers said that the submission to the king was a 'legal approach', separate from the ongoing political discussions about reparations. The king has remained the head of state for the country which has been a Commonwealth realm since gaining independence from Britain in 1962. The Privy Council, which meets to discuss primarily on matters of government, meets once a month and Charles has the authority to refer the questions to the council for consideration. Jamaica's prime minister, Andrew Holness, has often expressed his hope that the country will become a republic, severing ties with the British monarchy. In 2022, during a visit from the Prince and Princess of Wales, then Duke and Duchess of Cambridge, Holness told them that his country was 'moving on' from the monarchy – leaving the royal family members standing awkwardly during the meeting. In 2009, Jamaica set up the National Committee of Reparations which has been at the forefront of the debate. During the last Commonwealth heads of government meeting in Samoa, countries said that the 'time had come' for a proper conversation on the subject. However, in the run-up to the summit, Keir Starmer ruled out the UK Government paying reparations for Britain's role in the slave trade
