The families of two of the four Air Corps crew who were killed in the Dauphin helicopter crash in 1999 are seeking legal advice on their cases against the State, following this week's High Court ruling on the death of the Dauphin pilot, Capt Dave O'Flaherty.
The State admitted liability for the crash for the first time at Thursday's High Court hearing in Waterford, and Mr Justice White awarded Capt O'Flaherty's widow, Mrs Maria O'Flaherty, a sum of €1.1 million in compensation and costs.
The Minister for Defence had denied liability in the cases of Sgt Paddy Mooney and Cpl Niall Byrne, while the case of co-pilot, Capt Mick Baker, is still pending.
Mr Vincent Byrne, father of Cpl Byrne, told The Irish Times yesterday he had already spoken to his solicitor and would be taking the matter further.
"We are all thrilled for Maria that this admission and this settlement have now been made. The pilot's name has now been cleared, and in our opinion this extends to all the crew. There are questions to be answered now by the Minister for Defence," he said.
The Mooney family is also seeking legal advice.
In her first interview after the ruling, Mrs O'Flaherty told The Irish Times she was delighted the admission of liability had been made. "Admission of liability has been and is the most important factor for me, for Dave's family and for the families of all the aircrew involved. All I ever wanted was to have Dave's name cleared. I just didn't think that it would take four years and didn't think the Government would drag me out this far."
The Department of Defence said yesterday the State Claims Agency had decided to admit liability on its behalf. However, it is understood that the Department did not expect this admission to be made.
At the hearing on Thursday Mrs O'Flaherty asked that the figure of €25,400 for mental distress, which is included in the €1.1 million settlement, be given to her 3½-year-old daughter, Davina, her mother-in-law, Mrs Lily O'Flaherty, and Capt O'Flaherty's siblings, Dermot and Valerie.
She said yesterday she had not had time to focus on the financial settlement.
"The State was refusing to admit liability right up to the doors of the court. When I learned at 12 noon on Thursday that the Minister for Defence was going to admit this after all, I felt a great sense of relief. They did everything they could to attribute this to pilot error, when that obviously wasn't the case."
Mrs O'Flaherty was pregnant with Davina, the couple's first child, when her husband, Capt Dave O'Flaherty, co-pilot Capt Mick Baker, winch crew Sgt Paddy Mooney and Cpl Niall Byrne, died in the early hours of July 2nd.
The subsequent investigation by the Air Accident Investigation Unit (AAIU) identified two active causes, six contributory causes and nine systemic causes for the crash and highlighted "serious deficiencies" in support for the four crew. The crew had only learned on July 1st - the day the base was converted to 24-hour cover - that no after-hours air traffic control was to be provided, as a service level agreement had not been concluded between the Department of Defence and Waterford airport.
The report also found that pressures to accept the rescue mission had been "very high", at the end of a day of official and press duties, and crew fatigue was a significant factor. The crew had been on duty for 16½ hours at the time of the accident, and had been given temporary lodging in Dunmore East.
"It was a big political thing to have that base set up for July 1st, even when the proper procedures were not in place," Mrs O'Flaherty said.
"If we had not highlighted this case, and if there had not been an independent investigation by the AAIU, we still might not know what happened."
To date the Defence Forces have not awarded the four aircrew distinguished service medals. Mrs O'Flaherty said she hoped the heroic actions of the four would be recognised.
The Department of Defence said full and final settlements had been made in the cases of Sgt Paddy Mooney and Cpl Niall Byrne and these could not be renegotiated. Sgt Mooney's widow, Monica, received approximately €700,000 in compensation, while Cpl Byrne's family received €38,000. Cpl Byrne was single with no dependants.
