UPDATED: David Henderson - Found guilty.

[Butterwick Blue]

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

I cant see any insurance company paying out, as the policy would surely be null and void, due to fact plane wasn't worthy and neither was the pilot. Is car insurance valid, when driven by an unlicensed driver or the car doesn't haven't an mot

[Ninian1962]

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

I imagine various McKays will be appearing in the witness box. I don't suppose they will have a good word to say about Cardiff City FC

A certain Willie McKay is listed as a prosecution witness. CCFC will have someone attending the 10 day trial to see what/if he says anything about CCFC`s involvement in the transport arrangements (he is on record of not being a fan of the club or its employees).

[Bluebirdman Of Alcathays]

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

A certain Willie McKay is listed as a prosecution witness. CCFC will have someone attending the 10 day trial to see what/if he says anything about CCFC`s involvement in the transport arrangements (he is on record of not being a fan of the club or its employees).

Not sure why. Two of his sons were here as part of the DVP squad. I thought his other son was the one who got in touch with Sala about arranging quicker transport to Nantes?

The whole thing seems to have been done on a nod and a wink.

[life on mars]

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

Not sure why. Two of his sons were here as part of the DVP squad. I thought his other son was the one who got in touch with Sala about arranging quicker transport to Nantes?

The whole thing seems to have been done on a nod and a wink.

Stinks if Willie McKay is part of the prosecution it maybe too load the blame away from him and his alleged son's strange involvement.

[Tuerto]

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

Stinks if Willie McKay is part of the prosecution it maybe too load the blame away from him and his alleged son's strange involvement.

What can Mckay be blamed for? This isn't a flippant question, i don't know what he has done which could be considered criminal.

[life on mars]

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

What can Mckay be blamed for? This isn't a flippant question, i don't know what he has done which could be considered criminal.

The charges relate to involvement in the transport arrangements why was Willie McKay son involved in the alleged quicker transport to /from Nantes by his , I can't understand how an unknown DVP player would play a part in conversation like this of a potential first team signing , he was not a representative of our club or Sala's friend pre signing ?

[jon1959]

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

What can Mckay be blamed for? This isn't a flippant question, i don't know what he has done which could be considered criminal.

It is unlikely that either McKay - father or son - has done anything criminal.

But they facilitated the flight through Henderson, they appeared to be acting (still) for Nantes during a crucial period when the status of Emiliano Sala's transfer is in dispute (adding weight to the Cardiff claim that he was still a Nantes player at the time) and Willie McKay appears to have been acting as an unregistered agent during the whole period in breach of his ban.

[Tuerto]

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

It is unlikely that either McKay - father or son - has done anything criminal.

But they facilitated the flight through Henderson, they appeared to be acting (still) for Nantes during a crucial period when the status of Emiliano Sala's transfer is in dispute (adding weight to the Cardiff claim that he was still a Nantes player at the time) and Willie McKay appears to have been acting as an unregistered agent during the whole period in breach of his ban.

Thanks for that. I thought as much.

[Harry Paget Flashman]

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

Today David Henderson initially denied two charges related to the fatal plane crash of Emiliano Sala at Cardiff Crown Court.

He later changed his plea to guilty on the count of attempting to discharge a passenger without valuable consideration.

The trial will now be held on a single count of acting in a reckless or negligent manner likely to endanger an aircraft, which he has denied.

Does anyone know what the penalty is for this?

[JumpersforGoalposts]

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

Does anyone know what the penalty is for this?

CAA prosecutions usually result in a fine and occasionally a suspended (short) prison sentence or community order.
There are no sentencing guidelines that I can find but the legislation states that any penalty "...must be appropriate and proportionate to the failure."

[life on mars]

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

Interesting post from the Cardiff City Forum:

A while back I posted on this in relation to Vicarious Liability

https://www.cardiffcityforum.co.uk/viewtopic.php?f=2&t=206206

Firstly, and this is the main priority, let us not forget that someones life was lost and his Argeninian Family, His footballing family and friends all across the globe were effected by this tragedy.

Following a death, particularly one like this, finances do come into play, and this guilty plea (In my opinion) will have an effect on the ongoing battle over "who owes what".

There are two sets of proceedings in play:
1) Criminal Proceedings - Over Sala death
2) Civil Proceedings - Between Cardiff and Nantes FC

Section 11 of the Civil Evidence Act states that if a person is found guilty in criminal proceedings then they are considered negligent in Civil Proceedings


So, if in organising the flight, Henderson was acting as an agent for Nantes FC then Nantes FC are vicariously liable for his actions.

And if he is negligent that Nantes, being vicariously liable for his actions, then become liable for any monies lost as a result of that negligence.

Monies lost could include (but not limited to)
1) Money owed to Sala family - as a result of lost income during his career.
2) Money owed to CCFC - in respect to the transfer fee
3) Money owed to CCFC - as a result of Loss of Income as a result of being deprived of his services (this could be huge given we were relegated that season).

The way I see it is as follows:

Irrespective as to anything else we owe Nantes £15m there was intention to form a contract there

As a result of being vicariously liable for Hendersons actions Nantes deprived us of the benefit of that £15m investment and civil proceedings should see it being restored to us.

I believe CCFC should also now pursue Nantes FC for Loss of Income as a result of being deprived of his services. If a Court could be persuaded that we would have stayed up then we could be looking at 1,2 or even 3 years worth of Premier League Income.

[nugent]

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

Interesting post from the Cardiff City Forum:

A while back I posted on this in relation to Vicarious Liability

https://www.cardiffcityforum.co.uk/viewtopic.php?f=2&t=206206

Firstly, and this is the main priority, let us not forget that someones life was lost and his Argeninian Family, His footballing family and friends all across the globe were effected by this tragedy.

Following a death, particularly one like this, finances do come into play, and this guilty plea (In my opinion) will have an effect on the ongoing battle over "who owes what".

There are two sets of proceedings in play:
1) Criminal Proceedings - Over Sala death
2) Civil Proceedings - Between Cardiff and Nantes FC

Section 11 of the Civil Evidence Act states that if a person is found guilty in criminal proceedings then they are considered negligent in Civil Proceedings


So, if in organising the flight, Henderson was acting as an agent for Nantes FC then Nantes FC are vicariously liable for his actions.

And if he is negligent that Nantes, being vicariously liable for his actions, then become liable for any monies lost as a result of that negligence.

Monies lost could include (but not limited to)
1) Money owed to Sala family - as a result of lost income during his career.
2) Money owed to CCFC - in respect to the transfer fee
3) Money owed to CCFC - as a result of Loss of Income as a result of being deprived of his services (this could be huge given we were relegated that season).

The way I see it is as follows:

Irrespective as to anything else we owe Nantes £15m there was intention to form a contract there

As a result of being vicariously liable for Hendersons actions Nantes deprived us of the benefit of that £15m investment and civil proceedings should see it being restored to us.

I believe CCFC should also now pursue Nantes FC for Loss of Income as a result of being deprived of his services. If a Court could be persuaded that we would have stayed up then we could be looking at 1,2 or even 3 years worth of Premier League Income.

Everything makes sense to me except for that last paragraph.
There's no court in the world would rule on us staying up or not had he played for us.
No way.

And I cant see any blame going past the aeroplane company and or the pilot.

Nantes is not culpable neither is cardiff city.

If I ordered you a taxi and you ended up in a crash, and it turns out the taxi driver has an expired licence and the car was faulty then its the company's fault. Simple as

[Toadstool]

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

Interesting statement from the prosecution....“It is the prosecution case that Mr Henderson as the operator, a word we will come back to, of N264DB organised these flights for Emiliano Sala to be flown from Cardiff to France and back at a time when Cardiff City Football Club were in the process of signing Mr Sala.

[WJ99mobile]

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

Everything makes sense to me except for that last paragraph.
There's no court in the world would rule on us staying up or not had he played for us.
No way.

And I cant see any blame going past the aeroplane company and or the pilot.

Nantes is not culpable neither is cardiff city.

If I ordered you a taxi and you ended up in a crash, and it turns out the taxi driver has an expired licence and the car was faulty then its the company's fault. Simple as

Wishful thinking but it's never that simple