No criminal charges over Clutha disaster
Inquiry set for next year...but prosecutors say evidence is insufficient
A MAJOR probe into the Clutha helicopter tragedy is to be held next year – but prosecutors have ruled there is ‘insufficient evidence’ for criminal proceedings.
Ten people died when a police helicopter crashed onto the roof of the Clutha pub in Glasgow on November 29, 2013.
A fatal accident inquiry (FAI) was announced by the Crown Office and Procurator Fiscal Service (COPFS) yesterday – but victims’ families criticised the time taken for a decision to be made.
Prosecutors said they ‘appreciate the wait for a decision regarding proceedings must have been extremely difficult and stressful for those affected’.
Andrew Henderson, a partner at Thompsons Solicitors, which represents victims and families of those who died, said the wait for an inquiry was ‘unacceptable’.
He added: ‘While it will be welcome news for our clients that there is now some movement by the Crown Office on beginning the FAI process, it’s highly regrettable it has taken so long. The whole purpose of FAIs is to make recommendations that will stop similar tragedies happening in the future and therefore the process moving forward in a timely fashion is crucial.
‘The fact the inquiry is likely to begin almost five years after this awful accident is not acceptable.’
The Crown Office said the police investigation involved a ‘significant volume’ of documents and relied on the co-operation of overseas agencies to make witnesses and material available.
More than 100 people were in the Clutha Vaults when the police helicopter, returning to its River Clyde base, crashed through the roof.
Pilot David Traill and crew PC Tony Collins and PC Kirsty Nelis were killed. Seven customers – John McGarrigle, Mark O’Prey, Gary Arthur, Colin Gibson, Robert Jenkins, Samuel McGhee and Joe Cusker – also died.
An Air Accidents Investigation Branch report published in 2015 found two fuel supply switches were off and the pilot did not follow emergency procedures after a fuel warning in the cockpit.
Earlier this month, damages were awarded to people injured in the crash and family members of those killed.
A reported £1.3million was paid by Babcock, which owns the firm that operated the helicopter, to ten people injured, while cases brought by 16 others affected were settled for undisclosed amounts.
Compensation claims were made for post-traumatic stress and serious brain or spinal injuries.
It is understood Babcock’s final bill could top £10million as it has received 80 separate claims from those affected by the disaster.
A COPFS spokesman said: ‘The investigation has reached a significant stage and Crown Counsel have formally instructed an FAI to be held.
‘Following submission of a detailed report by prosecutors, Crown Counsel have also concluded that there is insufficient evidence available to justify instructing criminal proceedings.’
He added that, ‘in coming to this decision, Crown Counsel have considered the evidence available, the recommendations of the inquiry team and an assessment of what information may reasonably be available in the future’.
The spokesman said that ‘although the evidence currently available would not justify criminal proceedings, the Crown reserves the right to raise criminal proceedings should evidence in support of that course of action become available to prosecutors’.
The FAI is likely to be held in autumn next year.
David Bell of Irwin Mitchell Scotland, which handled 16 cases for damages, said: ‘The individual cases for those injured and family members of those who sadly died have all now concluded and our clients are seeking to move on from this tragedy. But there is still more that can be done and that is why we welcome the FAI.
‘One of the issues with this crash was the helicopter was not required to be fitted with a black box recorder, which means vital data was not recorded. We think the regulations should be changed to ensure all smaller passenger aircraft are required to have black box recorders fitted.’
Clutha owner Alan Crossan said the FAI delay was ‘disgraceful’.
He added: ‘I’m going to try and get all the families together under one group of lawyers and do our best to get the answers we want for them. I know that will be impossible, but we’ll do our best. Hopefully, we can raise the questions.
‘It’s a shame for these families: everything after the accident has been a fight, fight, fight.’
‘Highly regrettable it has taken so long’