Families of victims of the 1994 RAF Chinook disaster on the Mull of Kintyre are going to court in a bid to force the UK Government to order a public inquiry.
Their judicial review bid highlights issues which it is claimed have been ‘covered up and sealed away’.
It comes after the Mail revealed last month that former Defence Secretary Sir Liam Fox is carrying out his own investigation into the tragedy after voicing ‘deep concerns’ about the crash.
He intervened as the families accused the Ministry of Defence (MoD) of ‘gaslighting’ them by refusing to answer unresolved questions.
Now lawyers have submitted a High Court judicial review application over the government’s failure to order a public inquiry and its decision to seal the files on the tragedy for 100 years.
Calls for a judge-led inquiry have been rejected both by the Prime Minister and the MoD and the families are now seeking a judicial review under the right to life provisions of the Human Rights Act.
The wreckage of the Chinook helicopter on the Mull of Kintyre
Families of those killed in the 1994 Chinook crash Andy Tobias (left), Gaynor Tobias and Matt Tobias holding a photo of lieutenant colonel John Tobias
A bouquet of 29 red roses symbolising the 29 people killed in the crash is laid at the 10th anniversary memorial service in 2004
Evidence obtained by the families claims the Mark 2 Boeing Chinook helicopter ZD576 that set off from Northern Ireland on June 2, 1994, was not airworthy and should never have taken off.
The crash in foggy conditions killed all 29 people on board including officers from MI5, the Army and the Royal Ulster Constabulary
Last month, former squadron leader Robert Burke said ZD576 was ordered into the air as a ‘show flight’ to demonstrate the safety of its new Mark 2 upgrade.
When it went wrong, the families believe the truth was covered up by the MoD. Key facts were allegedly withheld from every subsequent inquiry, while the main crash investigation failed to consider the crucial issue of the aircraft’s airworthiness
The claim states: ‘Those concerns as to airworthiness, the process by which the aircraft involved in the crash was authorised to fly, and the potential role in the crash of a lack of airworthiness, have never been fully, effectively and independently investigated and brought to light.’
Lawyer Mark Stephens said: ‘The families have been forced to resort to the courts.
‘Their claim highlights a catalogue of flaws, errors, missed opportunities, wrong assumptions, warnings and a raft of safety issues which have been covered up and sealed away in the hope the truth won’t come out and that relatives will die before documents are made public.’
An MoD spokesman said: ‘It’s unlikely a public inquiry would identify any new evidence.’
Meanwhile, an early day motion calling for a public inquiry into the crash has been tabled in the Commons by Northern Irish MP Sorcha Eastwood.
