The organiser of the illegal final flight of footballer Emiliano Sala and pilot David Ibbotson, which ditched into the sea near Guernsey, has been sentenced to 18 months in prison.
David Henderson (67) was sentenced at Cardiff Crown Court two weeks after a jury found him guilty of endangering the safety of an aircraft.
The UK Civil Aviation Authority (CAA) said the sentence sent a clear message about the seriousness of air safety.
“Illegal commercial flights represent a significant safety risk and that is reflected in the court’s decision today," said the CAA.
“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.”
In January 2019, the single-engine Piper Malibu flown by Mr Ibbotson was carrying Mr Sala, an Argentinian striker, from Nantes to Cardiff when it ditched in the sea. Mr Sala was on his way from the French club to complete a £15million transfer to Cardiff City.
The wreckage was located the following month. Mr Sala’s body was recovered from the seabed 68 metres down. Mr Ibbotson's body has not been found.
Henderson, a pilot from the East Riding of Yorkshire who was originally due to fly the plane himself, was found guilty of recklessly endangering the safety of an aircraft. He also admitted to a charge of trying to arrange a flight for a passenger without permission or authorisation.
Mr Ibbotson had been contracted to fly the aircraft despite not holding a valid commercial pilot’s licence at the time and not being competent to fly in the bad weather forecast for the journey.
Pictured: The plane wreckage captured on camera underwater.
The prosecution argued that Henderson was well aware of this, but decided to arrange the flight anyway.
The Court heard that Henderson was not available to fly the aircraft himself because he was in Paris. Instead, he arranged for Mr Ibbotson to carry the footballer, even though he was not appropriately qualified, following a request from football agent Willie McKay.
In response to the request, he asked for “£4k as [a] float”.
Martin Goudie QC, prosecuting, said that Henderson “ignored certain requirements when it suited him and his business interests".
The jury was told of a message sent to Henderson by a friend in the summer of 2018 which referred to Mr Ibbotson’s flying as “interesting...he was all over the place".
When Henderson heard about the crash in the Channel north of Guernsey, he sent a message in which he wrote: “Ibbo has crashed the Malibu and killed himself and VIP pax! Bloody disaster. There will be an enquiry.”
In another message, Henderson wrote: “Opens up a whole can of worms. Keep very quiet.”
After speaking to the coastguard about the crash, Henderson told the plane’s engineer: “Don’t say a word to anyone."
Later in the trial, Henderson admitted that he wasn’t aware of the qualifications of his pilots. Mr Goudie asked: “What sort of cowboy outfit were you running at this time that you didn't know if your pilot had his ratings or not?"
The court heard that one message sent to Mr Ibbotson stated that Henderson did not want to “draw the attention of the CAA". Mr Goudie asked: "Isn't the true situation that you didn't want anyone looking at how you were running these flights because you knew you were running them illegally?" In reply, Henderson said that “there’s probably some element of that, yes".
Henderson told the jury that Mr McKay may have let Mr Ibbotson fly Mr Sala even if he had known about the pilot's lack of qualifications.
"I don't know if he wouldn't have cared, but as I say, his preoccupation was to get a pilot," said Henderson. "I think he would have gone ahead with the flight anyway."
According to reports, lawyers acting for Mr Sala's family welcomed Henderson's conviction but noted that his involvement with the doomed flight was only "one piece of the puzzle".
Now court proceedings have concluded, an inquest into Mr Sala's death will be able to finish, shedding further light on the events leading up to the footballer's death.
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