Andy Tobias, whose father Lieutenant Colonel John Tobias died in the 1994 RAF Chinook helicopter crash, has described a High Court judge's decision to dismiss a legal challenge against the Ministry of Defence (MoD) as an 'absolute travesty of justice.' The ruling on Tuesday rejected a bid by the Chinook Justice Campaign (CJC) to bring a claim over the MoD's alleged failure to conduct an independent investigation into the incident.
Background of the crash
On June 2, 1994, a Chinook HC-2 helicopter crashed into the Mull of Kintyre in south-west Scotland in foggy weather, killing all 29 people on board. The victims included 25 intelligence experts and four special forces crew. The aircraft was flying from RAF Aldergrove in Northern Ireland to Fort George near Inverness.
An initial investigation concluded that the crash was caused by gross negligence on the part of the pilots. However, this finding was disputed by subsequent reviews and was later overturned by the Mull of Kintyre inquiry in 2011.
Legal challenge dismissed
The CJC, comprising more than 55 family members of 25 victims, sought to challenge the MoD's 'ongoing failure' to establish an independent and effective investigation. Mr Justice Butcher dismissed the case on Tuesday, ruling that the claim had been brought too late. The judge stated that the CJC could have been aware of a potential breach of the MoD's obligations from the conclusion of the 2011 review and that no 'cogent grounds' justified proceeding more than 14 years later.
Andy Tobias expressed deep disappointment, saying the ruling leaves families 'without an effective domestic remedy.' He stated: 'Today's decision is an absolute travesty of justice, and we are downhearted but not defeated; we will continue our fight for the truth and we never give up.' He added that the families should not be denied justice simply because they were unaware that crucial information had been withheld.
Allegations of unsafe aircraft
During the hearing, Sam Jacobs, representing the CJC, argued that information about the Chinook's airworthiness raised a 'more than arguable claim' that the victims were placed on an aircraft known to be unsafe. He highlighted that the helicopter's engine needed replacement three times in the months before the crash, with issues also reported in the second engine. He said: 'It is plainly arguable that airworthiness caused the crash; indeed, arguable that the HC-2 should not have been flying at all.'
Daniel Beard KC, for the MoD, countered that the crash had been the subject of 'extensive investigations' and that a new probe would serve no 'practical purpose.' He also argued that the claim should be dismissed due to the delay in bringing it.
Next steps and criticism
Following the ruling, Mark Stephens, solicitor for the CJC, accused the MoD of 'hiding behind the skirts of a technicality in order to avoid candour and scrutiny.' He noted the 'pernicious irony' that the case was dismissed on the same day Parliament approved the Hillsborough Law, which aims to ensure transparency in investigations of state failures. He said: 'I think most people will realise the suggestion that some of these people, who were 15 in 2011, and many of the women who were single parenting for the first time in their lives, had a priority, which was not starting legal proceedings... is just a mark of the injustice that we're seeing here today.'
Andy Tobias confirmed that the legal team will 'pursue every remaining legal avenue, including taking this case to the European Court of Human Rights.' He lamented that such a resolution should not require years of litigation.
