Man who organized flight that killed star Sala convicted of endangering safety of an aircraft as group condemns ‘unlawful’ journey

Emiliano Sala's family have welcomed a guilty verdict on the organizer of his tragic final fight, with a jury ruling that the businessman endangered the safety of the aircraft that crashed into the English channel in January 2019.

UK-based David Henderson, 67, was found guilty by a verdict of ten to two at Cardiff Crown Court, which ruled on the aircraft operator after a jury of seven men and five women spent seven-and-a-half hours deliberating.

The jury heard that Henderson had asked pilot David Ibbotson to fly Argentinean Sala from Nantes to Cardiff after the striker completed his move to the then-Premier League side for a club record fee of almost $21 million.

Henderson asked Ibbotson to man the plane while he was away on holiday with his wife in Paris, commissioning the regular pilot for him even though the 59-year-old did not hold a commercial pilot's licence, a qualification to fly at night and had a rating to fly the single-engine Piper Malibu that had expired.

The flight, which was organized with football agent William 'Willie' McKay to transport Sala from the French top-flight club, crashed near Guernsey on the night of January 21, 2019, killing Sala and Ibbotson.

Sala's body was recovered from the seabed the following month, while Ibbotson's remains were never discovered.

The Air Accidents Investigations Branch (AAIB) said earlier this year that the plane had been leaking carbon monoxide during the flight, adding that Ibbotson's attempt to pull up the plane had led to it break up in mid-air.

Daniel Machover, of the firm representing Sala's family, welcomed the convictions and pointed out that they still do not know "key information" and "all the factors" behind the carbon monoxide poisoning outlined in the accident findings of August 2019.

"The actions of David Henderson are only one piece in the puzzle of how the plane David Ibbotson was illegally flying came to crash into the sea," he said.

"The answers to these questions can only be properly established at Emiliano's inquest.

"The Sala family fervently hopes that everyone involved in the inquest will provide full disclosure of further material without delay, including Piper Aircraft Inc and the AAIB.

"This should ensure that the inquest can fulfil its function of fully and fearlessly examining the evidence so that all the facts emerge.

"Only if that happens will Emiliano's family finally know the truth about this tragedy, enabling all the lessons to be learned so that no family goes through a similar preventable death."

Defending Henderson, Stephen Spence QC had said on Tuesday that the hitches related to a "paperwork issue", adding that the transfer of money – rather than aptitude – is the only difference between a commercial licence and a private licence.

Spence claimed pilots are responsible for the "safe conduct of a flight", which he said was a "matter of law".

"He's 67 years old, a family man, father, grandfather, married over 30 years, former RAF officer, businessman, pilot with over 11,000 flying hours," Spence told the jury of Henderson. "In many respects, he is like any one of you."

Prosecutor Martin Goudie QC warned that basic checks relating to the flight had not been observed before Sala's death, which plunged the world of football into mourning.

"There was no paperwork, not even that of next of kin details – and, of course, there are no records, because there wouldn't be if you knew the pilot you were hiring was not qualified," Gudie argued.

"What he did here was not an accident. What he did here, we say, was deliberate and reckless.

"This was an incompetent, undocumented, risk-creating and dishonest organisation."

The owner of the plane, Fay Keely, had told Henderson not to allow Ibbotson to pilot the aircraft again after being told by the Civil Aviation Authority (CAA) of two airspace infringements he had committed.

Henderson allowed Ibbotson to continue, telling him in a message: "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."

Henderson previously confessed to trying to arrange a flight for a passenger without permission or authorization.

Kate Staples, the General Counsel of the CAA, which brought about the case, said in a statement responding to the verdict: “Our thoughts remain with the families and friends that were affected by this accident in January 2019.

"Aviation safety relies upon the integrity of everyone involved in the industry. Unlawful and unsafe activity such as Mr Henderson's is unacceptable and [we] will always look to prosecute illegal activity.”

The inquest into Sala's death is scheduled for 14 February 2022.