History of the Flight
On 12 August 2021, a Mudry Cap 10B, registration G-BXBU, departed Watchford Farm in Somerset at 0704 UTC with the pilot and one passenger. The intended destination was St Mary's on the Isles of Scilly, with a return later that afternoon. Witnesses reported clear skies and good visibility at departure.
The aircraft initially flew south-west towards Cornwall. After passing north of Culdrose, it descended to 1,000 ft over the sea, then turned east, away from its planned destination, and continued north-east. Over Lyme Bay, the aircraft briefly descended to 320 ft, performed several turns, then climbed northwards to a peak altitude of 8,200 ft.
Emergency Declared
At approximately 0905 hrs, the pilot called Dunkeswell Radio with a "PAN PAN" urgency message, reporting he was stuck above cloud and could not land at Watchford Farm. The air/ground operator informed him that cloud base at Dunkeswell was low and visibility 400 m, suggesting contact with Exeter Radar or the Distress and Diversion (D&D) Cell on 121.5 MHz.
At 0911 hrs, the pilot made another PAN call on 121.5 MHz, stating he was in "real trouble" above thick cloud and needed to divert. Several pilots hearing the call described the pilot as anxious. The D&D controller acknowledged, and the pilot reported his altitude at 7,500 ft with fuel for 1.5 hours. At the controller's request, the pilot activated the transponder with squawk 7700; it had previously been off.
Air Traffic Service Interactions
During the emergency, a military jet was holding near Exeter Airport after a technical issue. G-BXBU's primary radar return was visible to Exeter ATC, but without altitude information. A phone call between an Exeter assistant and a D&D support controller occurred from 0912 to 0914 hrs. The D&D support controller understood that Exeter was willing to accept the aircraft for diversion. Neither the D&D controller nor Exeter personnel discussed the weather conditions at Exeter or the pilot's qualifications.
Exeter ATC had concerns about potential conflict with the military jet holding between 3,000 and 4,000 ft. However, altitude data from G-BXBU's tablet showed sufficient separation. The D&D controller, not overhearing the full conversation, believed Exeter had assessed the aerodrome as suitable. No formal radar handover was conducted. The D&D controller advised the pilot that his aircraft was identified on radar and under a deconfliction service.
Final Descent
The pilot was transferred to Exeter's frequency. While descending, the pilot lost control of the aircraft. The Cap 10B struck a tree and was destroyed. Both occupants sustained fatal injuries. The investigation noted that the pilot was not qualified to fly in cloud and that air traffic service providers had insufficient information exchange and coordination.