A flight operator endangered the safety of a plane carrying a £15m football star by organising an unlicensed pilot to fly - and both were killed when it crashed into the English Channel, a court heard today.

David Henderson, 67, was due to fly top striker Emiliano Sala, 28, to Britain in the aircraft but instead went on a weekend away in Paris with his wife.

A court heard he hired David Ibbotson, 59, to fly striker Sala across from France - event though he did not have a commercial licence.

Sala, 28, was killed when the single-engine Piper Malibu went down in stormy weather and Mr Ibbotson's body has never been found.

Henderson is accused of knowing Mr Ibbotson did not hold a commercial license, was not qualified to fly at night or competent to fly in bad weather.

Prosecutor Martin Goudie QC said Henderson "Organised these flights for Emiliano Sala to be flown from Cardiff to  France and back at a time when Cardiff City Football Club were in the process of signing Mr Sala.

"These flights were not operated and organised out of Mr Henderson’s love for Mr Sala or Cardiff Football City Club. They were organised because it was in his financial interest.

"Mr Henderson was not available to pilot the aircraft on these flights himself as he was due to be, and was, away with his wife in Paris.

"As a result, he organised for David Ibbotson, an individual he had a significant history with and knowledge of, to pilot the flights. Mr Ibbotson did not have a commercial pilot’s licence.

"His rating for the type of aircraft N264DB was had expired in November 2018 and he was not competent to fly in the weather that Mr Henderson was aware the flights might encounter.

"In organising and operating passenger flights for valuable consideration when the aircraft was not authorised for such flights and in using a pilot who was neither qualified nor competent to complete the flights that Mr Henderson acted either negligently or recklessly in a manner that was likely to endanger the aircraft and those on it by creating a real risk that ought not to be ignored."

The court heard the aircraft was hired from an American company but Henderson was responsible for day-to-day maintenance.

Experienced pilot Henderson - wearing a blue suit and tie - arrived on his own for the court hearing today.

Striker Sala was on his way to the UK to play for Cardiff City in a £15m move from French side Nantes when the tragedy happened.

MORE NEWS:


Argentinian Sala was much feted ahead of his planned Premier League move to Cardiff City. He was killed when the plane crashed north of Guernsey on January 21, 2019.

Sala’s body was recovered in a private salvage operation the following month, but the body of Ibbotson, of Crowle, Lincs, has not been found. A post mortem revealed the football player had been exposed to high levels of carbon monoxide poisoning.

Henderson was originally feared to be on the plane because his bank details had been used to book the flight.

But Cardiff Crown Court heard he worked the plane - registered in the United States - was hired out by Henderson as an "operator" and he could organise commercial flights.

Henderson allegedly recruited Mr Ibbotson for return flights that weekend heading to and from France both with Sala on board.

He flew from Cardiff on January 18 before the fatal flight from Nantes on January 21.

The court heard Henderson was charged with two offences under the Air Navigation Order (2016).

Henderson was charged under the Air Navigation Order 2016.

The charges are that on 18 and 19 January, Henderson allegedly organised a flight to carry Sala when it did not have authorisation or permission; and/or the pilot, David Ibbotson, did not have a commercial pilot's licence; and/or Ibbotson's rating to fly the type of aircraft involved had expired; and/or bad weather was forecast and he was not competent to fly in it.

Henderson, of Hotham, East Yorkshire, is accused of offences brought by the Civil Aviation Authority.

The Air Accidents Investigation Branch report into the crash found Ibbotson was probably disorientated by carbon monoxide poisoning that had rendered his passenger unconscious at the rear of the aircraft when he made a series of "erratic" climbs and descents.

The Piper Malibu with a maximum recommended speed of 203 knots (234mph)was estimated to have been flying at 235 knots (270mph).

Its tail and outer sections of the wings broke off before the aircraft crashed into the sea while flying upside down. When the wreckage was found on the seabed it had broken into three parts. Sala's body was caught on the outside of the wreckage.

Ibbotson had planned to leave Nantes at 9am but took off in the dark at 6.30pm after delays at the club.

The carbon monoxide is believed to have leaked into the cabin through a heater.

Henderson is being supported at court by a handful of friends and family members but neither of Sala or Mr Ibbotson’s family have been in attendance.

It is understood Sala's family are being kept abreast of proceedings by a legal representative from Cardiff City.

The court heard potential witnesses will include football agent Willie McKay and his two sons Jack and Paul.

Before being empanelled witnesses were asked if they were employed by the Civil Aviation Authority or the Air Accidents Investigations Board or whether they were supporters of Cardiff City FC or regular attendees at the team’s matches

Henderson admitted that he was the operator when his plane took payment for Sala to fly "without permission or authorisation" from outside Britain.

The formal charge read: "On the 21/1/19 as the operator of aircraft registration N264DB attempted to cause N264DB an aircraft register elsewhere than the UK to discharge a passenger Emiliano Sala at Cardiff in the UK for valuable consideration without permission or authorisation."

The trial before Mr Justice Foxton is expected to last ten days at Cardiff Crown Court.