'Absolutely heartbroken': Chinook crash victim's daughter responds after legal claim thrown out
The daughter of one of the victims of the 1994 RAF Chinook crash has said that she is "absolutely heartbroken" after a High Court judge ruled that a group of families of several victims cannot bring a legal claim against the Ministry of Defence over the incident.
Four crew members and 25 passengers were killed when Chinook Mk2 ZD576 crashed into a hillside in foggy conditions when flying from RAF Aldergrove in Northern Ireland en route to a security conference.
The Chinook Justice Campaign (CJC), which is made up of more than 55 family members of 25 of the victims, sought to challenge the MOD over what it was said was an "ongoing failure" to set up an "independent and effective investigation" into the crash.
Victim's families 'disappointed' by decision
"It's been a really emotional day," Jenni Balmer-Hornby, whose father, Tony Hornby, was killed in the crash on the Mull of Kintyre, told BFBS Forces News.
"I think the weight of that evidence is incredible. So, for it to be thrown out on something like time is, like I say, heartbreaking, especially as I've had to live that time.
"I've had to live those 32 years, not having my father with me, giving me away at my wedding day. And all that comes with this incredible loss and the speculation over the crash over the years."
Meanwhile, Niven Phoenix, who also lost his father, Detective Superintendent Ian Phoenix on 2 June 1994, said that he was "disappointed" by the High Court decision.
The Mull of Kintyre 2011 inquiry overturned an initial decision to blame the pilots; it did not determine the cause of the crash.
Lawyers for the group told the High Court that information regarding the Chinook's airworthiness "raises a more than arguable claim that… those individuals who died in the crash were placed on an aircraft known to be unsafe".
The MOD opposed the challenge on the grounds that it had been brought too late, and that a new investigation would not serve a "practical purpose".
The ruling
In a ruling, Mr Justice Butcher refused to allow the claim to proceed, finding that it had been brought too late.
He said: "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.
"My task, however, is to apply the recognised legal tests to the particular type of claim that the claimant seeks to make."
The judge said that the CJC could have known that there was a breach of the MOD's obligations to adequately investigate the incident from the Mull of Kintyre review.
He continued to say that "cogent grounds" would be needed to justify the claim being allowed to proceed more than 14 years after the review's conclusion, but said: "No such grounds have been shown."
What comes next?
Asked about what the CJC will do next following the ruling in the High Court in London, Mrs Balmer-Hornby said: "We're not out of options. Andy Burnham [the incoming Prime Minister] is coming in, who's been a huge proponent of [the] Hillsborough Law.
"I really hope that he sticks to his word on duty of candour and it's so in his gift, in his hands, to give us the independent review that we deserve."
She went on to say that another option for the campaign would be to bring the case before the European Court of Human Rights.
The Hillsborough Law, currently going through Parliament, seeks to force public authorities and officials to tell the truth and cooperate with official investigations and inquiries.
"Just the compassion that you've [Mr Burnham] has shown to their campaign. We're very connected to their campaign, and I just hope you show us that same compassion," Mrs Balmer-Hornby said in a message to the incoming PM as she urged him to back the CJC's campaign.
"I just have to believe that someone will do the right thing because this is so patently wrong, and I just really hope that is Andy Burnham."
An MOD spokesperson said: "We respect the decision of the court and thank them for their work in considering this difficult case. We will continue to engage with the CJC and will not be offering any further comment at this time."
Additional reporting by Jonathan Moynihan.
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