Originally Posted by
Dan Winterland
It's clear that regulations were broken. But to prove beyond reasonable doubt that breaching these was the cause of the deaths is going to be very hard. Not sure the CPS has the right charge here. I think the defendant may get away with it, but later face prosecution from the CAA.
I don’t think there is much of a financial trail to follow here as the money was intended to be paid after the event. You will have a statement from Willie McKay that he asked for the flight to be arranged and intended to pay for it. You will probably have records from previous flights where money has changed hands. You will have the records of Ibbotson’s spending using Henderson’s credit card.
I am presuming that Henderson had been given the job of managing the aircraft by the aircraft’s owner, he advertised himself as an aircraft manager. He would not have been doing his job if he released the aircraft without checking the qualifications of the pilot, if he was then involved in a conversation with the pilot to instruct him to conduct a flight outside of his qualifications then it makes it an easier case to prove. Henderson also advertised himself as an Air Charter Broker which makes it more difficult to put as his defence that he just put someone in contact with a friend. Anyone approaching him for a charter has a reasonable expectation that they will be put in a licenced aircraft with a qualified pilot.
it was at the point that Willie Mackay made his public announcement that he approached Henderson to arrange a charter that I decided that a manslaughter charge would have a good chance of success.
Unfortunate for the prosecution if they are depending on Willie McKay as a witness. He has already got off very leniently for harassment of Cardiff City employees, now he has been charged with two counts of fraudulent transfer of property.