UPDATED: David Henderson - Found guilty.

[lardy]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

with a summary like that its pretty clear where the blame lies, in my opinion.

Blame doesn't need to be on one person.

If Ibbotson had survived and Sala died, Henderson would still take some responsibility.

[lennybluebird]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Was the verdict majority of unanimous?

[lardy]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

not when flying an aircraft. Aviation Law is crystal clear about who is ultimately responsible - always PIC (Pilot in Command).

As said before, why don't BA just let anyone fly their planes?

[TWGL1]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

And very sad to know that Sala thought the plane unfit, too.

Sickening really , R.I.P Emiliano Sala and thoughts are with Marina and family. Upsetting.

[Hilts]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Some justice for the Sala family.

[mrbluejay]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Majority according to the BBC report.

[Q]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

Blame doesn't need to be on one person.

If Ibbotson had survived and Sala died, Henderson would still take some responsibility.

I agree

This case wasn’t about blaming Henderson solely for the deaths but showing his part in events

[Sunnysideup]

Re: UPDATED: David Henderson - Found guilty.

I agree Hilts
Justice at last for the Sala family!!

Does anyone know the penalty for “endangering an aircraft” and the probable sentence?

[TWGL1]

Re: UPDATED: David Henderson - Found guilty.

I agree Hilts
Justice at last for the Sala family!!

Does anyone know the penalty for “endangering an aircraft” and the probable sentence?

Maximum penalty 10 years

[lardy]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

not when flying an aircraft. Aviation Law is crystal clear about who is ultimately responsible - always PIC (Pilot in Command).

Does this still apply if that pilot should not have been in the cockpit?

[IanD]

Re: UPDATED: David Henderson - Found guilty.

Sickening really , R.I.P Emiliano Sala and thoughts are with Marina and family. Upsetting.

We will never know how good he could have been as a City player. He might have been the player that kept us out of the mess we now find ourselves in.
RIP

[TWGL1]

Re: UPDATED: David Henderson - Found guilty.

https://www.pprune.org/accidents-close-calls/617514-cardiff-city-footballer-feared-missing-after-aircraft-disappeared-near-channel-island-110.html

From the pilots forum

[gabbsthenewt]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

not when flying an aircraft. Aviation Law is crystal clear about who is ultimately responsible - always PIC (Pilot in Command).

I am inclined to believe you on account of you being Feedback and your obvious knowledge and experience in the field.
However given that Henderson was the organiser of the flights, the flights were in his name as pilot, and he was the one leasing it, and him demonstrated to be knowingly aware of DI's lack of qualifications - I find it hard to accept that Henderson wouldn't be vicariously liable.

I appreciate it may be the case, but these portions of relevant law pulled from reading around would give credence to that it Henderson does have blame laying firmly on him albeit him not being the pilot who ended up in the cockpit (even though he was the one down on the paperwork! (so for all intents and purposes I would argue was the pilot! - tenuous I appreciate - pilots may routinely have to change to any number of circs I would imagine)

Section 76 of the Civil Aviation Act 1982 - If the aircraft is leased-out for a period of more than 14 days and the pilot is not an employee of the owner the liability is transferred to the individual/party to which the aircraft is demised (lessee by way of agreement).

Operators may be found guilty of corporate manslaughter or homicide pursuant to the Corporate Manslaughter and Corporate Homicide Act 2007 where: (i) the way in which the carrier’s activities had been managed or organised caused a person’s death; (ii) the person’s death was the result of a gross breach of a relevant duty of care owed to that person by the carrier; and (iii) the way in which the senior management of the carrier managed or organised the carrier’s activities was a substantial element of the breach.

[Feedback]

Re: David Henderson goes on trial over charges linked to plane crash which killed Emiliano Sala

As said before, why don't BA just let anyone fly their planes?

as an operator they have a duty of care to their customers. Believe it or not, it is not unheard of to find out a pilot has been flying for many years without the requisite ratings. Its extremely rare, but not unheard of. checks these days are far more stringent.

[IanD]

Re: UPDATED: David Henderson - Found guilty.

I am inclined to believe you on account of you being Feedback and your obvious knowledge and experience in the field.
However given that Henderson was the organiser of the flights, the flights were in his name as pilot, and he was the one leasing it, and him demonstrated to be knowingly aware of DI's lack of qualifications - I find it hard to accept that Henderson wouldn't be vicariously liable.

I appreciate it may be the case, but these portions of relevant law pulled from reading around would give credence to that it Henderson does have blame laying firmly on him albeit him not being the pilot who ended up in the cockpit (even though he was the one down on the paperwork! (so for all intents and purposes I would argue was the pilot! - tenuous I appreciate - pilots may routinely have to change to any number of circs I would imagine)

Section 76 of the Civil Aviation Act 1982 - If the aircraft is leased-out for a period of more than 14 days and the pilot is not an employee of the owner the liability is transferred to the individual/party to which the aircraft is demised (lessee by way of agreement).

Operators may be found guilty of corporate manslaughter or homicide pursuant to the Corporate Manslaughter and Corporate Homicide Act 2007 where: (i) the way in which the carrier’s activities had been managed or organised caused a person’s death; (ii) the person’s death was the result of a gross breach of a relevant duty of care owed to that person by the carrier; and (iii) the way in which the senior management of the carrier managed or organised the carrier’s activities was a substantial element of the breach.

Wasn't it McKay that organised the flight, employing Henderson, in the first instance? Therefore, isn't McKay "vicariously liable", too?