Businessman jailed for 18 months over crashed flight that killed Emiliano Sala and pilot
The 67 year old was sentenced at Cardiff Crown Court
Last updated 12th Nov 2021
A businessman has been jailed for 18 months over the plane crash that killed footballer Emiliano Sala.
The 28-year-old striker and North Lincolnshire pilot David Ibbotson, 59, died when the small plane they were flying in entered the English Channel in January 2019.
David Henderson, 67, of Hotham in the East Riding of Yorkshire, was convicted of endangering the safety of the aircraft after a trial at Cardiff Crown Court in October.
Henderson pleaded guilty to another charge of trying to arrange a flight for a passenger without permission or authorisation.
The flight the Argentinian player took was organised by Henderson, who was the plane's operator, with football agent William "Willie" McKay.
At the time, Sala was involved in a £15 million transfer to Cardiff City from Nantes FC, and was travelling between the two cities when he died.
Henderson's wife wept in court on Friday as Mr Justice Foxton sentenced her husband to 18 months in prison for endangering an aircraft, with a three-month sentence, to run concurrently, for attempting to discharge a passenger.
Mr Justice Foxton said: "I have no doubt you were aware that aspects of your operations were unlawful.
"I am unable to accept your evidence that you were in any way reluctant to organise the flight for William McKay.
"You were only too keen to assist Mr McKay who was a client, and your thoughts soon turned to Mr Ibbotson, even though Mr Ibbotson did not have a licence that permitted him to fly passengers on a commercial basis.
"I'm sure you took close interest in the flights, sending numerous messages to Mr Ibbotson, and I'm sure those communications illustrated a lurking doubt in your mind about whether Mr Ibbotson was up to the job."
He pointed out how Henderson had not raised concerns about Mr Ibbotson's lack of licence to fly at night, when Sala asked to move the flight to a later time.
"I'm sure you did not raise this because you thought it would be damaging to your business. The only concern you raised was about an increase in cost," Mr Justice Foxton said.
During the trial the court heard how Henderson had asked Mr Ibbotson to fly the plane, as he was away on holiday in Paris with his wife.
Mr Ibbotson, who flew regularly for Henderson, did not hold a commercial pilot's licence, a qualification to fly at night, and his rating to fly the single-engine Piper Malibu had expired.
Neither did Henderson have an air operator certificate (AOC), which meant he was not legally allowed to take money for trips.
After finding out the plane had gone down, Henderson texted a number of friends and colleagues telling them to stay silent, warning it would "open a can of worms".
"Ibbo has crashed the Malibu and killed himself and VIP! Bloody disaster. There will be an enquiry," he texted one person.
In another message, he wrote: "Questions may be asked about his flying."
The father-of-three and former RAF officer admitted in court he had feared an investigation into his business dealings.
The jury were told he had failed to ring Mr Ibbotson's wife, Nora, to which Henderson replied: "I had no number for her."
Henderson was accused of running a "cowboy outfit" more focused on profit than the safety of his passengers.
In a statement his lawyers said: "Now that the case is concluded in the Crown Court, Mr Henderson wishes to formally pay his respects to the families of Emiliano Sala and David Ibbotson.
"It is important to point out that the Civil Aviation Authority have always accepted that the way in which the flight was arranged and operated did not cause the aircraft to crash."
He said he would now be considering whether to appeal against the conviction and sentence.
An inquest into Sala's death is to be held next year.