He's the one who put Ibbotson in the plane. If he's not liable for that, then why even have regulations?Originally Posted by Sunnysideup
| + Visit Cardiff FC for Latest News, Transfer Gossip, Fixtures and Match Results |
He's the one who put Ibbotson in the plane. If he's not liable for that, then why even have regulations?
If BA, Ryanair etc started hiring applicants for pilots jobs merely going on their word that they hold the necessary qualifications and licenses - and said pilots were left to attempt to fly and subsequently start crashing planes - you'd say fair play the airlines aren't liable?
The trust McKay placed was in Henderson to supply him with adequate expertise.
It's pretty clear from the evidence in my opinion that Henderson had repeatedly used Ibbotson to fly passengers for his (Henderson's) clients, even though he knew Ibbotson's qualifications weren't sufficient and that he'd experienced/caused problems before. He was clearly happy to take that risk again with the Sala flight, with tragic consequences.
Surely anyone arranging flights for paying customers should know and record exactly what qualifications and experience their pilots have, which he didn't, because he didn't care.
That's endangering the safety of an aircraft in my book.
its also illegal, although not criminal. the CAA will have something to say to Henderson for sure.
Potentially corporate manslaughter/homicide under the relevant act.
We all agree that blaming or scapegoating the pilot is an easy despicable out for Henderson but like Feedback says
The Pilot at the controls is ultimately responsible
Cardiff will be seeking compensation via someone’s insurance
Now I know there is absolutely no responsibility involved, I might set up my own little airline.
No unanimous verdict reached, so the judge has said he'll accept a 10-2 or 11-1 majority verdict.
Been found guilty
Will he appeal? It could drag on.
No idea, they usually do
It’s a frustrating conundrum Lardy
Obviously the jury are in a dilemma
Henderson is guilty of hiring a pilot without the necessary paperwork
Henderson also went against the wishes of the plane’s owner by hiring ibbotson after being told she didn’t want him flying her plane
Mckay is guilty of being a Cnut and Cardiff are guilty of dealing with such Cnut knowing he’s a bankrupt whom the FA didn’t see fit to be a football agent
Ultimately though the Pilot (ibbotson) should NEVER have taken off at night over water in an unfit plane during a storm
They all played a part but like Feedback says the person at the controls is responsible
Well ok, but in my eyes it's not a conundrum because more than one person can be responsible for events.
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?
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.
Does this still apply if that pilot should not have been in the cockpit?
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 McKay acting for Nantes and Sala rather than Cardiff. I don’t think we can blame the club if that’s who others choose to represent them.
Yes Mckay was acting on behalf of Nantes not City.
Spedger
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.
I agree
This case wasn’t about blaming Henderson solely for the deaths but showing his part in events
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.
Posting Permissions
Reply With Quote