LATEST: DAVID HENDERSON FLIGHT TRIAL

UPDATED:

Emiliano Sala: David Henderson pleads guilty to flight charge



David Henderson admitted attempting to discharge a passenger without valid permission or authorisation.

The plane carrying 28-year-old Sala and pilot David Ibbotson crashed into the English Channel in January 2019.
Henderson, 66, of Hotham, East Riding of Yorkshire, will now go on trial. He denies a separate charge of endangering the safety of an aircraft.

The charges have been brought by the Civil Aviation Authority (CAA) and relate to endangering the aircraft and operating commercially without permission.











A two-week trial of a man charged with endangering the safety of an aircraft which led to the death of Argentine footballer Emiliano Sala will begin later today.

Watching the updates on Walesonline he has pleaded not guilty and there have been some legal arguments which the judge has dismissed. Selecting a jury now. Surprised it's in Cardiff Crown Court. These charges are brought by the CAA and I wonder if he is found guilty if more serious charges will follow from the CPS.

https://news.sky.com/story/emiliano-sala-man-who-organised-footballers-flight-goes-on-trial-12437074

Watching the updates on Walesonline he has pleaded not guilty and there have been some legal arguments which the judge has dismissed. Selecting a jury now. Surprised it's in Cardiff Crown Court. These charges are brought by the CAA and I wonder if he is found guilty if more serious charges will follow from the CPS.

Found guilty after pleading not guilty will bring more serious charges. Imprisonment will be the verdict.

The CAS might make us pay Nantes and of so we could go after him. Problem is has the guy got £15m to pay us?

https://news.sky.com/story/emiliano-sala-man-who-organised-footballers-flight-goes-on-trial-12437074

Watching the updates on Walesonline he has pleaded not guilty and there have been some legal arguments which the judge has dismissed. Selecting a jury now. Surprised it's in Cardiff Crown Court. These charges are brought by the CAA and I wonder if he is found guilty if more serious charges will follow from the CPS.

Found guilty after pleading not guilty will bring more serious charges. Imprisonment will be the verdict.

The CAS might make us pay Nantes and of so we could go after him. Problem is has the guy got £15m to pay us?

If he's found guilty it means sala was put on an illegal flight by mckay who was nantes selling agent by arranging the transport nantes
are liable too , so i feel it will go in our favour ,I won't matter if hevwas our player or not ,nantes agent is involved .

He is facing at least 2 charges and he has just changed his plea to guilty on the charge of "attempting to discharge a passenger, namely Emiliano Sala on January 21, 2019, without valuable consideration"

He still intends pleading not guilty to the other charge " communicating information to endanger / likely to endanger safety of an aircraft, on January 18 and 19, 2019."

Trial adjourned.

https://news.sky.com/story/emiliano-sala-man-who-organised-footballers-flight-goes-on-trial-12437074

Watching the updates on Walesonline he has pleaded not guilty and there have been some legal arguments which the judge has dismissed. Selecting a jury now. Surprised it's in Cardiff Crown Court. These charges are brought by the CAA and I wonder if he is found guilty if more serious charges will follow from the CPS.

Found guilty after pleading not guilty will bring more serious charges. Imprisonment will be the verdict.

The CAS might make us pay Nantes and of so we could go after him. Problem is has the guy got £15m to pay us?

If he's found guilty it means sala was put on an illegal flight by mckay who was nantes selling agent by arranging the transport nantes
are liable too , so i feel it will go in our favour ,I won't matter if hevwas our player or not ,nantes agent is involved .

Yep. Its starting to turn.

Jury being sworn in now Judge expects trial to last until 29th October.

The jury has just been sworn in, with 12 members made up of seven men and five women.

Mr Justice Foxton said: “It’s of greatest importance you do not talk to anybody about this case except the 12 of you within the privacy of your jury room - and that includes your family, friends, anyone outside your own number.

“People will maybe be curious about this case, but you must not let them talk to you about it. I am sure you all understand the reason for this rule.

“It’s of absolute essence the 12 members of the jury decide the case and decide the case on what they have heard in court.

"It’s your responsibility in accordance with the oath you have just taken to decide the verdict in this case on the evidence given in the courtroom.”

The judge sends the jury away and asks them to return at 2pm tomorrow.

The hearing has adjourned until 2pm when further legal arguments will take place.


More legal arguments looks like his lawyers are trying to stop this.

David Henderson pleads guilty to Emiliano Sala flight charge but faces trial on other count
Philip Dewey - WalesOnline at Cardiff Crown Court


David Henderson denies a charge in relation to the aircraft which crashed and killed footballer Emiliano Sala

The 28-year-old Argentinian footballer was on a flight from France to Wales when the single-engine Piper Malibu aircraft flown by pilot David Ibbotson crashed into the English Channel north of Guernsey in January 2019.


The body Sala, who had just signed for Cardiff in a multi-million pound transfer from FC Nantes, was recovered the following month. The body of Mr Ibbotson, 59, from Crowle, Lincolnshire, has not been found.

David Henderson, 67, of East Riding, Yorkshire, was later charged with acting in a reckless or negligent manner likely to endanger the plane Sala was travelling in. He was also charged with attempting to discharge a passenger, namely Emiliano Sala on January 21, 2019, without valid permission

The defendant has pleaded guilty to the discharging passenger charge.

However, he has pleaded not guilty to acting in a reckless or negligent manner likely to endanger the plane - and it is that charge on which he is being tried on. The charge against him has been brought by the Civil Aviation Authority (CAA).

At an earlier hearing, a court heard the allegation related to Mr Ibbotson, who was contracted to fly the aircraft, not having a commercial pilot's licence at the time of the flight, with it having expired in November 2018.

Lawyer Daniel Machover told the PA news agency that Sala’s family would not be attending the trial in person.

The trial, which is taking place at Cardiff Crown Court, is due to last for two weeks.

Follow live updates below:

https://www.walesonline.co.uk/news/wale ... l-21887929

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A while back I posted on this in relation to Vicarious Liability

https://www.cardiffcityforum.co.uk/viewtopic.php?f=2&t=206206

Firstly, and this is the main priority, let us not forget that someones life was lost and his Argeninian Family, His footballing family and friends all across the globe were effected by this tragedy.

Following a death, particularly one like this, finances do come into play, and this guilty plea (In my opinion) will have an effect on the ongoing battle over "who owes what".

There are two sets of proceedings in play:
1) Criminal Proceedings - Over Sala death
2) Civil Proceedings - Between Cardiff and Nantes FC

Section 11 of the Civil Evidence Act states that if a person is found guilty in criminal proceedings then they are considered negligent in Civil Proceedings


So, if in organising the flight, Henderson was acting as an agent for Nantes FC then Nantes FC are vicariously liable for his actions.

And if he is negligent that Nantes, being vicariously liable for his actions, then become liable for any monies lost as a result of that negligence.

Monies lost could include (but not limited to)
1) Money owed to Sala family - as a result of lost income during his career.
2) Money owed to CCFC - in respect to the transfer fee
3) Money owed to CCFC - as a result of Loss of Income as a result of being deprived of his services (this could be huge given we were relegated that season).

The way I see it is as follows:

Irrespective as to anything else we owe Nantes £15m there was intention to form a contract there

As a result of being vicariously liable for Hendersons actions Nantes deprived us of the benefit of that £15m investment and civil proceedings should see it being restored to us.

I believe CCFC should also now pursue Nantes FC for Loss of Income as a result of being deprived of his services. If a Court could be persuaded that we would have stayed up then we could be looking at 1,2 or even 3 years worth of Premier League Income.

https://www.facebook.com/15606058779337 ... 740398378/

Thanks paul for making a confusing subject a bit clearer... if read it right city were right to challenge things and not pay nante despite the clamour for some on here for club to do so.. its unfortunate but as you say it's a tragedy for his family and pilot aswell.

Mccay has already admitted he was the selling agent for nantes ,also he admitted through Henderson that he also arrange the flight and it ties into what you said before that nantes could be liable for losses due to this, it doesn't matter if sala was registered as a catdiff player or not there selling agent was still involved with arranging the illegal transportation of sala after cardiff offered a legal commercial flight .

Great insight Paul.

Of the two charges which is the more ‘serious’ if any and on the charge that he has pleaded guilty to, what does this charge actually mean (in layman’s terms).

Does either help the club more or less in its case or again does guilty mean enough (as I took your last point to mean).

Great post from Paul Keevil and I recall he has said/posted this before

Far better information than from some sources and I thank him for putting it out here

Thanks paul for making a confusing subject a bit clearer... if read it right city were right to challenge things and not pay nante despite the clamour for some on here for club to do so.. its unfortunate but as you say it's a tragedy for his family and pilot aswell.

There are a number of posters on here that have repeatedly, and vociferously, argued that we should just pay up and that the club were wasting money in challenging this.

Your very eloquent explanation just sets out why many of us have said all along that this needed to be tested in a court of law or similar tribunal.

We may well be found liable still for some, if not all, of the monies that are surround this "transfer". However, there is certainly a case to be argued and it doesn't just relate to the transfer fee part of the transaction. If there hadn't been a defence of any substance the opponents would have applied for a summary judgment months ago.

This all just got very interesting and could have lasting implications for either club depending on the outcome.

Thats right.. the duty is on Nantes FC to assess the competency of its Agents or Sub-Contarctors under due diligence.

Thats right.. the duty is on Nantes FC to assess the competency of its Agents or Sub-Contarctors under due diligence.

Bang on the money, as soon as there selling agent arranged the flight then they became liable

Thats right.. the duty is on Nantes FC to assess the competency of its Agents or Sub-Contarctors under due diligence.

Bang on the money, as soon as there selling agent arranged the flight then they became liable

Not many people know that.

Thats right.. the duty is on Nantes FC to assess the competency of its Agents or Sub-Contarctors under due diligence.

Bang on the money, as soon as there selling agent arranged the flight then they became liable

Not many people know that.

It's been said online since the crash, the selling agent admitted they arranged the flight in text messages days after the flight .also published a letter and emails confirming they were employed by nantes not catdiff city as the selling agent.

Thats right.. the duty is on Nantes FC to assess the competency of its Agents or Sub-Contarctors under due diligence.

Bang on the money, as soon as there selling agent arranged the flight then they became liable

Not many people know that.

It's been said online since the crash, the selling agent admitted they arranged the flight in text messages days after the flight .also published a letter and emails confirming they were employed by nantes not catdiff city as the selling agent.

That basically makes it a closed case in our favour.

Thanks paul for making a confusing subject a bit clearer... if read it right city were right to challenge things and not pay nante despite the clamour for some on here for club to do so.. its unfortunate but as you say it's a tragedy for his family and pilot aswell.

There are a number of posters on here that have repeatedly, and vociferously, argued that we should just pay up and that the club were wasting money in challenging this.

Your very eloquent explanation just sets out why many of us have said all along that this needed to be tested in a court of law or similar tribunal.

We may well be found liable still for some, if not all, of the monies that are surround this "transfer". However, there is certainly a case to be argued and it doesn't just relate to the transfer fee part of the transaction. If there hadn't been a defence of any substance the opponents would have applied for a summary judgment months ago.

This all just got very interesting and could have lasting implications for either club depending on the outcome.

Yes can expect CAS to find against city as their position is to judge the merits of contract....but then city can sue nante which as been explained by Paul very well.... people are very quick in condemning city at earliest opportunity on anything bad or derogatory instead of looking
at an alternative reason for their actions.. but suspect if CAS finds against city that be enough to start them off again regardless of bigger picture...

Thanks paul for making a confusing subject a bit clearer... if read it right city were right to challenge things and not pay nante despite the clamour for some on here for club to do so.. its unfortunate but as you say it's a tragedy for his family and pilot aswell.

There are a number of posters on here that have repeatedly, and vociferously, argued that we should just pay up and that the club were wasting money in challenging this.

Your very eloquent explanation just sets out why many of us have said all along that this needed to be tested in a court of law or similar tribunal.

We may well be found liable still for some, if not all, of the monies that are surround this "transfer". However, there is certainly a case to be argued and it doesn't just relate to the transfer fee part of the transaction. If there hadn't been a defence of any substance the opponents would have applied for a summary judgment months ago.

This all just got very interesting and could have lasting implications for either club depending on the outcome.

Yes can expect CAS to find against city as their position is to judge the merits of contract....but then city can sue nante which as been explained by Paul very well.... people are very quick in condemning city at earliest opportunity on anything bad or derogatory instead of looking
at an alternative reason for their actions.. but suspect if CAS finds against city that be enough to start them off again regardless of bigger picture...

Can't see cas finding against city with his guilty plea today ,cas won't just look at the contract like fifa did it will look at the whole case all the evidence

Thanks paul for making a confusing subject a bit clearer... if read it right city were right to challenge things and not pay nante despite the clamour for some on here for club to do so.. its unfortunate but as you say it's a tragedy for his family and pilot aswell.

There are a number of posters on here that have repeatedly, and vociferously, argued that we should just pay up and that the club were wasting money in challenging this.

Your very eloquent explanation just sets out why many of us have said all along that this needed to be tested in a court of law or similar tribunal.

We may well be found liable still for some, if not all, of the monies that are surround this "transfer". However, there is certainly a case to be argued and it doesn't just relate to the transfer fee part of the transaction. If there hadn't been a defence of any substance the opponents would have applied for a summary judgment months ago.

This all just got very interesting and could have lasting implications for either club depending on the outcome.

Yes can expect CAS to find against city as their position is to judge the merits of contract....but then city can sue nante which as been explained by Paul very well.... people are very quick in condemning city at earliest opportunity on anything bad or derogatory instead of looking
at an alternative reason for their actions.. but suspect if CAS finds against city that be enough to start them off again regardless of bigger picture...

I still think the club should approach this CAS case from the point of view of "Governance" as I remember FIFA saying the transfer had been completed because the Welsh FA had acknowledged the receipt of the International Transfer Certificate. The thing is the Welsh FA have no Governance over the club or player. In fact the English FA , who have Governance over the League, club and player and had not completed the transfer because of an issue with the documents submitted, in this case the players contract.

The only reason the Welsh FA get a copy of the ITC is because of FIFA rules but it's more of a "For Information Only" basis. The English FA hold the Governance and as they had not completed the transfer then for me he is still a Nantes player.

Either way the guilty plea is good news for City and surely that opens up a Vicarious Liability case against Nantes and I hope the club go big on that and include loss of Premier League monies from the relegation. Why not Sheffield Utd got £20 off West Ham over the Tevez affair.

As usual the sensible thing is not to judge until everything is out in the open. Certainly not a couple of years ago and even not now either

As usual the sensible thing is not to judge until everything is out in the open. Certainly not a couple of years ago and even not now either

You are correct

Both the guilty plea and the information provided by Paul Keevil are interesting and encouraging

Just to answer a few points re CAS

Personally I expect us to lose this. On the basis that it relates to the contract and £15m sale only.

But then there is steps 2 and 3

Step 2 - Sue Nantes for £15m for being vicariously liable for actions of their agent
Step 3 - also sue Nantes for potential loss of profit (as above)

Just to answer a few points re CAS

Personally I expect us to lose this. On the basis that it relates to the contract and £15m sale only.

But then there is steps 2 and 3

Step 2 - Sue Nantes for £15m for being vicariously liable for actions of their agent
Step 3 - also sue Nantes for potential loss of profit (as above)

Well believe we could lose the contract issue but that could be countered and voided by threatening to sue Nantes.

Mccay has already admitted he was the selling agent for nantes ,also he admitted through Henderson that he also arrange the flight and it ties into what you said before that nantes could be liable for losses due to this, it doesn't matter if sala was registered as a catdiff player or not there selling agent was still involved with arranging the illegal transportation of sala after cardiff offered a legal commercial flight .

Mccay was also good friends with Warnock and already doing a lot of business with Cardiff as well.

His fee should come off the amount anyway.

There is a lot to fully come out yet, initially there was allegedly a mix up with who was signed in the airport to actually fly the plane, I think there will be many spin off stories throughout this trial, and following.