Legal Challenge Against MoD Dismissed
A legal challenge brought against the Ministry of Defence (MoD) by relatives of the victims of the 1994 RAF Chinook helicopter crash has been dismissed by a High Court judge. The crash, which occurred on 2 June 1994, involved a Chinook helicopter carrying 25 passengers and four crew, all of whom died when the aircraft crashed in the Mull of Kintyre in Scotland.
Mr Justice Christopher Butcher ruled that the claim could not proceed, stating that it had been brought too late. The Chinook Justice Campaign (CJC), representing many of the victims' families, indicated it would consider escalating the case to the European Court of Human Rights. The group also called on Andy Burnham, expected to become prime minister soon, to intervene in the matter.
Background of the Crash and Legal Arguments
The CJC, comprising over 55 family members of 25 victims, sought to challenge the MoD over concerns regarding the airworthiness of the aircraft. Prior to the hearing, the MoD defended its position by arguing the claim was time-barred. Justice Butcher agreed with this position in his ruling.
"It is right to say at the outset that the crash of the Chinook with the loss of 29 lives was a tragedy of a dimension which it is difficult to describe,"
"The pain of bereavement and the agony of loss of the families and friends of those who perished remains, I have no doubt, enduring and bitter."
Justice Butcher emphasized that his role was to apply legal standards to the claim. He noted that there would have been grounds to challenge the MoD’s obligations to investigate the incident adequately from 2011, the year the Mull of Kintyre Review was published. This review cleared the pilots of blame but did not determine the cause of the crash.
Investigations and Findings
The initial investigation was conducted by an internal Board of Inquiry in 1995, which attributed the cause of the crash to pilot error involving Flight Lieutenant Rick Cook and Jonathan Tapper. The judge stated that the CJC could have been aware of the MoD’s failure to properly investigate from the time of the Mull of Kintyre Review’s publication.
He further explained that to allow the claim to proceed more than 14 years after the review, "cogent grounds" would be necessary, but none were presented.
Families’ Response and Calls for Further Action
Following the ruling, Andy Tobias, whose father Lieutenant Colonel John Tobias MBE was among those killed, expressed the families’ disappointment. He described the decision as a refusal on a technicality and highlighted the difficulty families faced in uncovering what they believe was a cover-up.
"The families were extremely disappointed by the decision, deeply upset at being refused on a technicality but firmly united in continuing to seek the truth,"
"I thought the judge didn't seem to appreciate how difficult it was for families who didn't know each other and who were kept apart by the MoD following the crash, to uncover the cover up."
Tobias urged the government to conduct a fresh review without delay and called on Andy Burnham to extend the principles of the new Hillsborough Law to the Chinook families. The Hillsborough Law, expected to be approved soon, aims to prevent state-related cover-ups by imposing a duty on public authorities and officials to be truthful and cooperate proactively with investigations and inquiries.
He also noted that the CJC’s legal team was considering taking the case to the European Court of Human Rights.
Emotional Courtroom and Details of the Crash
Several relatives of the victims attended the court hearing, with some visibly emotional during the proceedings. The helicopter was transporting 25 intelligence experts and four special forces crew from RAF Aldergrove in Northern Ireland to Fort George near Inverness when it crashed in foggy conditions.
MoD’s Position and Legal Submissions
In written submissions, Daniel Beard KC, representing the MoD, stated that the crash had been subject to extensive investigations and that the CJC had not presented any new information that could revive the MoD’s investigative obligations. He also asserted that litigation involving Boeing was not relevant to this crash.
"Given the paucity of evidence and the passage of time, it is unlikely that further meaningful investigation is possible, or that further investigation would serve a practical purpose,"
Beard added.
