This article is from page 6 of the 2012-12-25 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
A NEW York marketing manager who threatened to headbutt an airline pilot and forced an emergency landing at Shannon Airport was ordered to pay € 3,367 in compensation to British Airways and a sum of € 1,000 to the court poor box at Ennis district Court yesterday (Friday).
Judge Patrick Durkin struck out the charges against Damian Kington with an address at 105 West, 29th Street, NY, 10001 taking into account a number of factors including the affect a new medication combined with alcohol had on the defendant at the time of the incident over the Atlantic.
On Wednesday, Mr Kington, an Australian native, was taken from BA Gunb flight 004 to Ennis District Court and charged with threatening, abusive and insulting behaviour contrary to Section 2A(3) and Section 2A(4) of the Air Navigation and Transport Act 1973 as inserted by Section 65 of the Air Navigation and Transport (Amendment) Act 1998.
He was also charged with engaging in behaviour likely to cause serious offence or annoyance to any person on board the aircraft under the same Air Navigation and Transport act.
Garda Noel O’Rourke told the court he had arrested Mr Kington that morning at 9.15 after the flight from JFK New York to London City airport was diverted to Shannon.
At 7.30am the captain and commander of the flight Niall Jones told air traffic control that he had an unruly passenger on board and requested to land at theCounty Clare airport.
The court heard that when Mr Kington had boarded the 32-seater business class plane he was observed by the cabin crew to be in a sober state.
During the course of the flight, he was served four to five aircraft bottles of wine and in his luggage were found two different types of medication.
Two hours into the flight, the 35year-old got out of his seat and stood over two other male passengers across the isle, in what they said was a “threatening manner”.
He then referred to them as “c@*ts and paedophiles”. He started “F-ing and blinding at staff and other passengers”.
The frequent flyer was served with a verbal warning by the crew and then a written warning. A few minutes later, the captain was called again. As he came down the aisle, the defendant came towards him and pushed him.
“He pushed me and tried to head butt me,” the captain told gardaí in a statement.
As there was no marshal aboard, the crew then struggled to restrain and handcuff the defendant as they considered him “a serious risk to passengers on the flight.”
Later when Gda O’Rourke went on to the flight at Shannon they found the accused to be in a subdued and “dozy state”.
He was extremely pleasant to us,” he said. “There was a strong smell of alcohol and he was unsteady on his feet.”
Mr Kington works in New York as the head of marketing team in a very high profile company and was travelling to England for Christmas.
Solicitor for the Defence Úna Moylan said that her client was in a state of shock after the events aboard the plane.
She told the court that he had an ongoing depression condition and had taken one and a half Xanax and one anti-anxiety tablet coupled with the alcohol. She said he remembered nothing of the incident.
Yesterday (Friday) Mr Kington told the court that he was on a new medication at the time.
“It is fair to say I was and still am mortified by the accounts given by the witnesses. The fact I have no recollection is more frightening.”
He apologised to the airline, passengers, captain and crew and the gardaí. He said he would no longer be taking that form of medication or drinking on an aircraft.
Judge Durkin said that the charges against Mr Kington were very serious but he dismissed them and ordered him to pay € 3,367 to cover the costs of the landing charge in Shannon, the ground handling cost and the fuel cost and ordered him to pay a further € 1,000 to the court poor box.
The judge said he was taking into account that the Damian Kington onboard the flight was not the man reflected in his many references.
He also took into account his early guilty plea, describing the defendant as “a man of impeccable character.”
“I accept your responsibility was seriously diminished,” he said adding that he hoped Mr Kington would visit Ireland again under different circumstances.