Pilot who organised flight that killed footballer Emiliano Sala ‘was due to fly it himself’

The pilot who organised the flight that killed footballer Emiliano Sala sent a message to an engineer warning him to stay silent following the crash, a court today heard.

David Henderson, 67, pleaded guilty to one charge over the death of striker Sala, 28, who was killed on the stormy trip to Britain from his French club to join Cardiff City. 

Henderson is denying another charge after recruiting fellow pilot David Ibbotson, 59, as a last-minute stand-in to fly the single-engine Piper Malibu from France to Cardiff airport. 

After learning of the crash on the evening of January 21, Henderson sent a message to David Smith, an aircraft engineer with Eastern Air Executive, which carried out maintenance on the plane, Cardiff Crown Court today heard.

‘Malibu gone missing on way back from France. Don’t say a word to anyone.’ 

The following day, Henderson messaged Hedley Aylott, who had raised concerns about Mr Ibbotson’s flying in 2018, and said: ‘Ibbo has crashed the Malibu and killed himself and VIP pax! Bloody disaster. There will be an enquiry.’

David Henderson (pictured arriving in court Tuesday), 67, pleaded guilty to one charge over the death of striker Emiliano Sala, 28, who was killed on the stormy trip to Britain from his French club to join Cardiff City

Henderson messaged a friend: ‘Hi Humphrey, it was N264DB that went in last night. Ibbo PIC. I would appreciate it if everyone could avoid talking to the press/CAA etc until we get a clearer picture of the situation. Just “No comment”.’

The court heard the plane was purchased in August 2015 by the Southern Aircraft Consultancy Inc, a company that specialises in organising the ownership of aircraft into trusts.

The trust was Cool Flourish Ltd, a family company of which Fay Keely was the director and secretary.

Henderson messaged Ms Keely: ‘Hi Fay, I’m afraid I have bad news, David Ibbotson crashed the plane last night. He plus passenger killed.

‘The passenger was a high profile footballer so I’m afraid there is going to be a big investigation. We need legal advice before we answer any questions. Please get back to me ASAP. Regards Dave.’

Henderson admitted that he was the operator when his plane took payment for Sala to fly ‘without permission or authorisation’ from outside Britain.

The formal charge read: ‘On the 21/1/19 as the operator of aircraft registration N264DB attempted to cause N264DB an aircraft register elsewhere that the UK to discharge a passenger Emiliano Sala at Cardiff in the UK for valuable consideration without permission or authorisation.’

Striker Sala was on his way to the UK to play for Cardiff City in a £15m move from French side Nantes when the tragedy happened.

Argentina-born Sala and pilot Mr Ibbotson died when the plane careered into the water north of Guernsey on January 21, 2019. 

Henderson is denying another charge after recruiting fellow pilot David Ibbotson (pictured), 59, as a last-minute stand-in to fly the single-engine Piper Malibu from France to Cardiff airport

Henderson is denying another charge after recruiting fellow pilot David Ibbotson (pictured), 59, as a last-minute stand-in to fly the single-engine Piper Malibu from France to Cardiff airport

The body of the Argentina striker was recovered from the seabed the following month, but neither the body of Mr Ibbotson, from Crowle, Lincolnshire, nor the plane’s wreckage, were found. 

Henderson was due to pilot the single-engine Piper Malibu aircraft but instead went on holiday with his wife to Paris from the evening of January 18 to 20.

Martin Goudie QC told the court Henderson ignored the regulations because it was in his ‘business interests’ to do so. 

Mr Goudie said: ‘As a result, he organised for David Ibbotson, an individual he had a significant history with and knowledge of, to pilot the flights.

‘Mr Ibbotson did not have a commercial pilot’s licence, his rating for the type of aircraft N264DB was had expired in November 2018 and he was not competent to fly in the weather that Mr Henderson was aware the flights might encounter.’

He said the prosecution case was that ‘Mr Henderson acted either negligently or recklessly in a manner that was likely to endanger N264DB and those on it’.   

‘We do not seek to suggest that Mr Henderson did not know what he was doing or care about safety, you will see a lot of maintenance took place on the aircraft, but that he ignored certain requirements when it suited him and his business interests.’

The court heard Ms Keely knew Henderson used Mr Ibbotson as a pilot because in the summer of 2018 she received two letters from the Civil Aviation Authority about airspace infringements when Mr Ibbotson was the pilot of the aircraft. 

Mr Goudie told the jury the defendant ‘was aware that there were issues with Mr Ibbotson’s flying from the start’, even before the letters from the Civil Aviation Authority (CAA).

Striker Sala (pictured) was on his way to the UK to play for Cardiff City in a £15m move from French side Nantes when the tragedy happened

Striker Sala (pictured) was on his way to the UK to play for Cardiff City in a £15m move from French side Nantes when the tragedy happened

Following the letters from the CAA, Mr Ibbotson wrote to Henderson suggesting he thought he would not be using him again.

Henderson wrote back and said: ‘I am just responding to emails from Fay who has forwarded me two letters from CAA. 

‘I have always said the flying we do is challenging and everyone has to be on the ball. It is a steep learning curve for someone new to the operation.

‘The prerequisite is a willingness to listen and learn. We both have an opportunity to make money out of the business model but not if we upset clients or draw the attention of the CAA… As self-employed sole traders we both have debtors and creditors and surely you understand that to remain legal we can’t take money in advance.’

The court heard the CAA has not found any records to suggest Mr Ibbotson had obtained a night rating by the time of the fatal flight.

Mr Ibbotson and Henderson exchanged messages in the run up to Christmas about Mr Ibbotson getting his night rating, with the defendant saying it was ‘essential investment’, Mr Goudie said.

The court heard Henderson was contacted on January 17, 2019 by Willie McKay to organise flights for Sala to fly from Cardiff to Nantes and back.

Martin Goudie QC, prosecuting, said: ‘Mr McKay was involved in the transfer of Mr Sala as a football player from Nantes FC to Cardiff City FC.’

Mr Goudie said the ‘first and limited contact’ between Mr Ibbotson, as the pilot, and Mr McKay was on January 20 – two days after the flights were organised and the outbound flight arrived in Nantes.

The court heard the flight was organised between Mr McKay and Henderson on January 18.

‘Mr Henderson’s response shows that he knows it is a passenger flight and not for Mr McKay, and asks about payment,’ Mr Goudie said.

Henderson was due to pilot the single-engine Piper Malibu aircraft (pictured) but instead went on holiday with his wife to Paris from the evening of January 18 to 20

Henderson was due to pilot the single-engine Piper Malibu aircraft (pictured) but instead went on holiday with his wife to Paris from the evening of January 18 to 20

‘Shortly thereafter Mr Henderson sends Mr Ibbotson a copy of Mr Sala’s passport along with the flight timings – 11am out on January 19 and 9am return on Monday January 21.

‘On the morning of January 19 Mr Henderson raises the issue of the weather with Mr Ibbotson, despite being in Paris with his wife.

‘He is assessing the likely flying conditions, aware of deficiencies in Mr Ibbotson’s flying but still enquiring as to whether he can fly.

‘The language used is not what would expect of somebody organising a passenger flight over sea in January.’

Henderson messaged Mr Ibbotson asking whether he could fly on his instruments, rather than by sight.

He wrote: ‘Weather s**t. Can you shoot ILS! Can you blag IFR?’

Mr Ibbotson replied: ‘Yes done it before just checking weather.’

The prosecutor told the court: ‘The response is not that I am qualified and more than competent to do this, but I have done it before and you know I am not qualified.

‘The issue is not what the weather was or turned out to be but using a pilot who at the time of the organising of the flights there were concerns in respect of because of the then predicted weather set against a background of his known lack of qualifications and competency.’

The court heard the Piper Malibu aircraft was not licensed to carry commercial passengers in the UK, Mr Ibbotson had never held a commercial pilot’s licence and his rating to fly this type of plane expired in November 2018.

Mr Ibbotson was permitted to fly on instruments alone – such as in bad weather – but only within UK airspace, and he was not allowed to fly at night.

Martin Goudie QC, prosecuting, said: ‘Contrary to what Mr Henderson appears to suggest at a later stage in answers to questions from the Civil Aviation Authority, it is clear he knew Mr Ibbotson well and frequently discussed his qualifications with him and knew where he was deficient.’

Henderson was arrested in June 2019 at his home by officers from Dorset Police and he answered ‘no comment’ to the questions he was asked.

In June 2020, Henderson answered in writing questions put to him by investigators from the Civil Aviation Authority.

‘Mr Henderson accepted that he helped to keep the aircraft airworthy by arranging scheduled maintenance and repairs,’ Mr Goudie told the court.

‘Fay Keely was happy for Mr Henderson to arrange hire of the aircraft as an agent on her behalf.

‘Mr Henderson organised Mr Ibbotson as the pilot, Mr Henderson was unable to be the pilot himself due to previous commitments.

‘At the time of the relevant flights Mr Henderson did not know the precise status of Mr Ibbotson’s licence and ratings.

‘Mr Ibbotson called Mr Henderson about issues with the aircraft on arrival in Nantes. 

‘This led to communication with the aircraft engineer who deals with the maintenance of N264DB – David Smith.

‘Mr Henderson denied being the operator of the aircraft. He sought to suggest this was Mr Ibbotson.

‘Mr Henderson stated that he had no reason to believe that Mr Ibbotson was not qualified or competent to fly the aircraft.’

The court heard Henderson now accepted he was the operator of the aircraft.

Referring to the written statement, Mr Goudie added: ‘Again another lie – not a lie in the hours after the crash when he was in a state of shock, not a lie when he was in a police interview under pressure, but a lie in a written answer 18 months after the crash.’ 

The Air Accidents Investigation Branch report found Ibbotson was probably disorientated by carbon monoxide poisoning that rendered his passenger unconscious at the rear of the aircraft when he made a series of ‘erratic’ climbs and descents.

A Piper Malibu aircraft, similar to the one missing after disaster struck the flight

A Piper Malibu aircraft, similar to the one missing after disaster struck the flight

Ibbotson had planned to leave Nantes at 9am but took off in the dark at 6.30pm after delays at the club.

The carbon monoxide is believed to have leaked into the cabin through a heater.

The Piper Malibu, with a maximum recommended speed of 203 knots (234mph), was estimated to have been flying at 235 knots (270mph).

Its tail and outer sections of the wings broke off before the aircraft crashed into the sea while flying upside down. When the wreckage was found on the seabed it had broken into three parts and Sala’s body was caught on the outside of the wreckage. 

Henderson is being supported at court by a handful of friends and family members but neither of Sala or Mr Ibbotson’s family have been in attendance.

It is understood Sala’s family are being kept abreast of proceedings by a legal representative from Cardiff City.

The court heard potential witnesses will include football agent Willie McKay and his two sons Jack and Paul.

Before being empanelled witnesses were asked if they were employed by the Civil Aviation Authority or the Air Accidents Investigations Board or whether they were supporters of Cardiff City FC or regular attendees at the team’s matches.

Henderson admitted that he was the operator when his plane took payment for Sala to fly ‘without permission or authorisation’ from outside Britain.

On Monday, Henderson pleaded guilty to a second offence of attempting to discharge a passenger without valid permission or authorisation.

A jury of seven men and five women have been selected and the trial, which is expected to last two weeks, is being heard in front of Mr Justice Foxton, a High Court judge. 

The trial was adjourned until Wednesday. 

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