Passengers and Crew of 1990 British Airways Flight Sue for Negligence and Endangerment

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In a landmark legal battle, passengers and crew members of British Airways (BA) Flight 149, which landed in Kuwait amidst an invasion in 1990, are suing the airline and the UK government. The plaintiffs allege that BA and government officials “deliberately endangered” them, knowing the risks posed by Iraq’s military actions.

A Nightmarish Ordeal

The ill-fated BA Flight 149 departed from London Heathrow on the evening of August 1, 1990, with a scheduled stop in Kuwait en route to Malaysia. By the morning of August 2, as the plane approached its destination, Iraqi forces had commenced their invasion of Kuwait. Despite apparent intelligence warnings, the flight was not diverted. Upon landing, the 367 passengers and crew were taken hostage by Iraqi troops.

For many, the ordeal was harrowing. Reports emerged of severe mistreatment, including physical assaults and sexual violence. Some hostages, like Scotsman Charlie Kristiansson, a steward on the flight, faced extreme trauma. Kristiansson recounted being raped and used as a human shield, experiences that forced him to leave the UK in search of recovery.

Allegations of Government and Airline Negligence

The plaintiffs, comprising 94 individuals, accuse BA and the UK government of gross negligence and joint misfeasance in public office. They assert that BA and government officials ignored warnings about the impending invasion, prioritising a covert intelligence mission over passenger safety. According to the claimants, other airlines had already ceased operations in Kuwait, recognising the escalating danger.

Stephen Davis, an author who has extensively investigated the incident, supports the claimants’ allegations. Davis suggests that a covert British special forces team was on board Flight 149 to conduct reconnaissance, a mission believed to be prioritised over the safety of the passengers and crew. Although the UK government has consistently denied these allegations, newly released files in November 2021 revealed that BA was not informed of the imminent threat, despite warnings from the British ambassador in Kuwait.

Seeking Justice and Accountability

The hostages were eventually released after five gruelling months, but the physical and psychological scars remain. The lawsuit seeks to address the long-standing questions and demand accountability from BA and the UK government. Matthew Jury, from the law firm McCue Jury and Partners, emphasises the need for closure and accountability to erase this “shameful stain on the UK’s conscience.”

The case has reignited discussions about government transparency and corporate responsibility, highlighting the severe consequences when safety is compromised for undisclosed agendas. As the legal proceedings unfold, the plaintiffs hope for justice and an end to what they describe as decades of “lies and deception.”

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