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.'
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