A senior coroner has called for a clampdown on so-called “grey flights” after an inquest jury concluded the plane in which the footballer Emiliano Sala died was operating without the correct licence and was flown by a pilot who did not have the necessary skills.
The Dorset coroner Rachel Griffin recommended that the transport secretary, Grant Shapps, consider giving the Civil Aviation Authority (CAA) more power to prevent such flights and was also writing to sporting organisations including the Premier League to discourage their use.
The jury concluded that the Argentinian striker died from head and chest injuries but would have been unconscious at time of the crash, having been poisoned by fumes from the plane’s faulty exhaust system. The panel said it was likely the pilot, David Ibbotson, had also been affected by carbon monoxide.
Jurors described the tragic trip as “an unlicensed night flight undertaken in poor weather conditions” and suggested Ibbotson “felt under pressure” to fly because it had been arranged by a valued customer.
Sala’s family welcomed the jury’s conclusion and said they were pleased that Griffin was going to raise her concerns about such flights.
Speaking on behalf of Sala’s mother and two siblings, the solicitor Daniel Machover, of Hickman & Rose, said: “This inquest has exposed the complex facts leading to Emiliano’s untimely death. It has shone a bright light on many of the missed opportunities in the worlds of football and aviation to prevent his tragic death.
“The family particularly note the jury’s findings that it is likely that both the pilot and Emiliano suffered from carbon monoxide poisoning and that Emiliano was deeply unconscious at the time of the accident, and that the poisoning was caused by a failure in the aircraft exhaust system.
“The family also welcome the coroner’s decision to communicate to the authorities her concerns about the safety issues in order to prevent similar future deaths. No family should have to go through grief from a similar avoidable accident.”
The jury was told that the flight was arranged as part of the striker’s £15m transfer to Cardiff City, then in the Premier League, from the French Ligue 1 side Nantes.
He was being flown by Ibbotson from France to Wales in a Piper Malibu on the night of 21 January 2019 when it crashed into the sea close to Guernsey. The footballer’s body was recovered from the seabed 68 metres down. The body of Ibbotson, 59, from Lincolnshire, was not found.
Sala’s mother, Mercedes Taffarel, told the inquest that Cardiff had put “a lot of pressure” on Sala to complete the move quickly and he felt in the middle of a dispute over money between the Welsh and French clubs.
The jury heard Ibbotson held a licence that did not permit him to fly commercially or at night. On the flight out to France a loud bang came from the aircraft but Ibbotson did not tell the authorities.
David Henderson, the businessman who arranged the flight, has been jailed for his part but, giving evidence via video link, he said it would have been up to Ibbotson to ground the plane if he thought it was not safe, and claimed he had forgotten he could not fly at night.
The flight was arranged by the football agent Willie McKay, a longtime client of Henderson who was involved in Sala’s move to Cardiff.
McKay claimed he organised the flight because he knew Cardiff City would not pay for it. In a statement released after he gave evidence, McKay spoke of his sadness at the player’s death but said he felt he had been used as a “scapegoat”. He said: “All sorts of allegations were made. As a result, I’ve been vilified. My family has been vilified. And why? For helping a young lad.”
The coroner said she would also send her report on the tragedy to the Jockey Club and the Rugby Football Union. She said she would ask the government to review the guidance it gives about flights to the music world and the general public.
In its conclusion, the jury said: “Emiliano Sala died as a consequence of injuries sustained in an aircraft crash where the flight was operated as a commercial flight without the required authorisation, certifications or permissions being in place.
“The operator hired the pilot who did not have a commercial pilot’s licence, no night rating, and his rating to fly a single-engine piston aircraft had expired. He had limited experience in flying instrument meteorological conditions [which is used in poor conditions].”
A spokesman for Cardiff City said: “We are pleased that the truth has been firmly established in a court of law, particularly the facts surrounding the organisation of the illegal flight. Any misgivings pertaining to Cardiff City’s involvement in its organisation should now cease.”
