THE son of a Clutha victim has been accused of inventing a relationship with his dad to pocket compensation cash.
Lawyers have told John McGarrigle he’s not entitled to any damages because he wasn’t close enough to his father when the helicopter plunged into the Glasgow pub on November 29 2013.
The 39-year-old has branded the assertion heartless beyond belief.
“These are cheap and nasty tactics,” John said. He has vowed to maintain his fight in the face of what he sees as a galling slur.
Legal eagles acting for Bond Air Services which operated the fateful helicopter insist John was estranged from his 57-year-old dad, also John, when he perished in the air disaster that claimed 10 lives and should not get a penny.
In December 2013, just weeks after the tragedy, John hired legal firm Irwin Mitchell to fight his case.
Partner Jim Morris, a former RAF pilot, flew to Glasgow and held talks with him before taking up the claim.
John who describes his dad as his “soulmate” said: “I’m basically being asked to prove that I loved my father because they claim there was nothing between us.
“This is not and never has been about money. It’s about getting to the bottom of what happened, and leaving no stone unturned getting there. I’ll admit I was close to walking away, but I’m determined to see this through.
“The bottom line is if I did pull the plug, at some point down the line I would regret not getting the answers my dad deserves.”
John and his dad had been due to meet up the night tragedy hit. But he was forced to cancel the arrangement when girlfriend Gillian Caldwell was rushed to hospital after suffering an asthma attack.
Moments after he explained on the phone he wouldn’t be able to make it, the three-ton police copter crashed into the pub.
Alongside his dad, his dad’s pal Sam McGhee, 56, and fellow customers Mark O’Prey, 44, Gary Arthur, 48, Colin Gibson, 33, Robert Jenkins, 61, and Joe Cusker, 59, all lost their lives.
The helicopter’s crew ex-RAF pilot David Traill, 51, and PCs Tony Collins, 43, and 36-year-old Kirsty Nelis also perished.
John, who has his dad’s favourite bar stool from the Clutha in his Paisley home, added: “There’s not a day that goes by I don’t think about my dad.
“He was my best friend and soulmate life is never going to be the same again. Of course, we had our ups and downs, but who doesn’t?
“I’ll never forget I was supposed to be there on the night by his side. After I moved back to Scotland having lived down south for a number of years, we grew closer than ever before.
“He was a special man, who always did what he could to help me. It’s very difficult not having that in my life any more.
“The last thing he said was to tell Gillian he loved her. That was the mark of the man. It’s just sad he’s gone.
“To now put me in a position where I’ve had to secure independent statements to prove we had a relationship smacks of persecution.
“I’ve suffered, we’ve all suffered. I don’t have a monopoly on grief, but it’s not right I should be treated like this because I want the truth. If we have to go to court, then so be it.”
Irwin Mitchell insist victims’ families have a right to compensation as a result of operator Bond’s “strict liability”.
The aircraft owner is liable for injuries to ground victims, for anything falling from the aircraft or it crashing, damaging or injuring persons on the ground. It is estimated payouts could run to a seven-figure sum.
In May last year an initial compensation deal, thought to be between £10,000 and £30,000, was placed on the table by Bond’s lawyers.
However, it was described as “paltry” by relatives of the disaster victims.
Last night Irwin Mitchell confirmed the snub.
Lawyer Elaine Mitchell said: “We’ve repeatedly asked the defendant’s solicitors to provide us with further disclosure of why they have made their decision regarding John’s case, but this has not been forthcoming.”
Irwin Mitchell are understood to be acting for more than one family.
Last night a spokesman for Bond’s lawyers Clyde and Co said: “We are unable to comment.”
John had to wait for days before it was confirmed his dad had died in the tragedy.
The pub is due to re-open in May.
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