David Henderson: Organiser of fatal flight that killed footballer Emiliano Sala jailed
Businessman was ‘reckless and not merely negligent’, judge says
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David Henderson, who organised the flight which killed footballer Emiliano Sala when it crashed into the English Channel, has been jailed for 18 months.
The 67-year-old businessman was sentenced at Cardiff Crown Court on Friday, after he was found guilty of endangering the safety of an aircraft. His legal team are considering appealing the verdict.
The judge said Henderson had been “reckless and not merely negligent” in breaching regulations by arranging the flight on 21 January 2019, which killed the 28-year-old Argentinian footballer as he travelled from Nantes to Wales after completing a £15m transfer deal with Cardiff City.
Sala’s body was recovered a month after the crash, but the body of pilot David Ibbotson is yet to be found.
Henderson, of Hotham in the East Riding of Yorkshire, had denied acting in a reckless or negligent manner which would have been likely to endanger the plane, but a jury found him guilty last month by a 10-2 majority verdict.
He was also handed a three-month sentence, to run concurrently, for attempting to discharge a passenger.
The father-of-three and former RAF officer employed Mr Ibbotson, 59, as the pilot of the Piper Malibu N264DB plane – which was not authorised to carry commercial passengers – while being aware that he did not have a commercial pilot’s licence, the court previously heard.
Mr Ibbotson’s rating to fly the aircraft had expired and he was not qualified to fly at night, the court heard. Furthermore, Henderson did not have an air operator certificate, which meant he was not legally allowed to take money for trips.
“Breach after breach after breach, all known about and encouraged by Henderson. The approach to them is one of risk taking, not risk assessment,” prosecutor Martin Goudie QC previously told the court, accusing Henderson of running an “incompetent, undocumented, risk creating and dishonest” organisation.
After finding out the plane had gone down, the court heard that Henderson texted a number of friends and colleagues telling them to stay silent, warning it would “open a can of worms”.
“Ibbo has crashed the Malibu and killed himself and VIP! Bloody disaster. There will be an enquiry,” he texted one person. In another message, he wrote: “Questions may be asked about his flying.”
Mr Ibbotson had flown regularly for Henderson, who was the plane’s operator but was in Paris with his wife at the time of the flight, which he organised with football agent William “Willie” McKay.
“I have no doubt you were aware that aspects of your operations were unlawful,” Mr Justice Foxton said. “I am unable to accept your evidence that you were in any way reluctant to organise the flight for William McKay.
“You were only too keen to assist Mr McKay who was a client, and your thoughts soon turned to Mr Ibbotson, even though Mr Ibbotson did not have a licence that permitted him to fly passengers on a commercial basis.
“I’m sure you took close interest in the flights, sending numerous messages to Mr Ibbotson, and I’m sure those communications illustrated a lurking doubt in your mind about whether Mr Ibbotson was up to the job.”
Pointing out how, when Sala asked to move the flight to a later time, Henderson had not raised concerns about Mr Ibbotson’s lack of licence to fly at night, the judge said: “I’m sure you did not raise this because you thought it would be damaging to your business. The only concern you raised was about an increase in cost”.
Henderson’s financial arrangement with Mr McKay “remained opaque”, the judge said, adding: “I accept the crash was a hugely distressing experience for you and has had a profound and lasting impact on you.
“Nonetheless, I’m sure in your statement to the CAA you made a number of dishonest statements in an attempt to distance yourself from events. In this case, you intentionally breached legislation, disregarded CAA regulations and did so on a premeditated basis and for profit. You were reckless and not merely negligent.”
Prosecutors told the judge that Henderson had no previous convictions and was of previous good character, while Stephen Spence QC, defending, told the court: “People speak very highly of him both as a person but, interestingly, as a pilot.”
Henderson had not necessarily profited from the flight, while the crash and subsequent trial had damaged his reputation, ridding him of his “life and livelihood”, Mr Spence had said.
Henderson was said to have been affected physically and mentally by the crash and subsequent trial, and is now on beta blockers for a heart condition.
“It has also had a knock-on effect on his wife, who has been in court throughout the proceedings and is in court today,” Mr Spence said.
“At his age and her age they were looking forward to a comfortable and modest retirement. Of course he now faces financial ruin. He feels very strongly that he has completely let her down. That is something he finds very, very hard to bear.”
Henderson’s lawyers said his legal team will now be considering whether to appeal against the conviction and sentence.
“Now that the case is concluded in the Crown Court, Mr Henderson wishes to formally pay his respects to the families of Emiliano Sala and David Ibbotson,” his lawyers said in a statement.
“It is important to point out that the Civil Aviation Authority (CAA) have always accepted that the way in which the flight was arranged and operated did not cause the aircraft to crash.”
The CAA’s group director of safety and airspace regulation said: “Illegal commercial flights represent a significant safety risk and that is reflected in the court’s decision today.
“The aviation system relies on the integrity of all those involved. Anyone operating a commercial flight should always have the necessary licence and approvals in place.”
An inquest into Sala’s death is to be held next year.
Additional reporting by PA