PA MediaA man whose father died in the 1994 RAF Chinook helicopter crash has said the Government’s argument that it is too late for an independent review “cannot be allowed to win”.
Twenty-five intelligence experts and four special forces crew were killed when the helicopter crashed on the Mull of Kintyre, en route from RAF Aldergrove in Northern Ireland to Fort George near Inverness, on June 2 that year.
The incident was initially blamed on pilot error before this was overturned in 2011.
Families of the victims are calling for a judge-led, public inquiry into the disaster and for all the files – some of which have been sealed for 100 years – to be released.
A High Court hearing at the Royal Courts of Justice in London, on Tuesday, is due to determine whether the families can proceed with a Judicial Review.
Niven Phoenix, whose father Ian died in the crash, said: “For decades, many of our families trusted official investigations and explanations because they had no reason to believe vital information had been withheld.
“Then they learned about the lack of airworthiness of the Mark 2 (helicopter) and that papers had been sealed for 100 years.
“As more evidence has emerged, suspicion has grown. We have repeatedly tried to engage constructively with ministers. We presented detailed evidence. We asked for dialogue. We asked for an independent review. Now the Government’s answer is that we’ve simply come too late.
“That argument cannot be allowed to win.”
He added: “This case isn’t just about Chinook. It’s about whether any family can ever obtain justice if a public body is allowed to rely on delay after withholding the very information needed to uncover the truth.
“Ironically, it goes to the very heart of Hillsborough Law which the Government says that it is committed to – the situation we find ourselves in is beyond belief.”
The Hillsborough Law, formally known as the Public Office (Accountability) Bill, was carried over from the last parliamentary session, and will require public officials to tell the truth during inquiries and investigations.
RAF Chinook ZD576 crashed in foggy weather during the journey on June 2 1994.
Mark Stephens, solicitor for the families and part of a pro-bono legal team from Howard Kennedy and Doughty Street Chambers, said: “At the heart of the case is the question that continues to haunt the families: who authorised the flight, what did they know, and why was Chinook ZD576 allowed to take off at all?
“The Government’s position is effectively that because decades have passed, throughout which the MoD have denied families access to documents and information, the courts should refuse to examine whether the State allowed an aircraft with unresolved airworthiness concerns to fly.
“Their argument appears to be that if the State keeps the evidence long enough, the families lose the right to ask questions.
“That is not justice. That is secrecy rewarded by the passage of time. That is morally indefensible and, in a democracy governed by the rule of law, that cannot be allowed to stand.”
It was not until 2024 that the families came together to form a single campaign.
Mr Stephens said that the timing of the claim is “not evidence of indifference or inactivity”.
He said: “Rather, it reflects the practical reality that the families were geographically dispersed, didn’t know each other, were not part of a group, and lacked both the information and organisational capacity required to bring this type of challenge until they got together in 2024.”
The MoD did not wish to comment at this time as proceedings are ongoing and a hearing is due on July 14.
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