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 Thursday, 16 October 2008
Aussies Deported After Etihad Row PDF Print E-mail
Written by Sarah Elks - The Australian   
Tuesday, 05 June 2007

THREE Australians charged in the United Arab Emirates with drinking alcohol and sexual harassment on a plane are expected to be deported after judges handed two of the men suspended sentences and acquitted the third last night, said a spokeswoman for the UAE airline, Etihad.

Mining executives Jeremy Snaith and William Sargent were in custody near Abu Dhabi facing drug, sexual harassment and intoxication charges.

The third Australian, David Evans, was charged with sexual harassment, indecent exposure and intoxication, but was released on bail.

The trio appeared in Abu Dhabi court, where judges last night found Mr Snaith and Mr Evans guilty, giving the men three-month and one-year suspended sentences respectively.

Mr Sargent has been acquitted of all charges.

The three men are expected to be deported within the next 24 hours.

Ross Hill, the Sydney-based solicitor acting for Mr Snaith and Mr Evans as well as their friend Mr Sargent, said yesterday the three flight attendants at the centre of the sexual misconduct allegations had waived their rights to privately prosecute the matter.

It has been five weeks since the three were arrested after they disembarked from a flight on the UAE national carrier, Etihad, while travelling for business purposes.

The three men appeared in court at the United Arab Emirates capital of Abu Dhabi, where the hearing was conducted in Arabic.

The trio had faced 15 years in jail and a public flogging, the Seven Network reported last night. Mr Snaith and Mr Evans are non-executive directors of the Australian mining group Jupiter Mines.


Businessmen booted out of UAE today

THREE Australian businessmen will be booted out of the United Arab Emirates today after a nightmare six-week stay which led to their trial on sexual harassment and intoxication charges.

Lawyer Ross Hill rejected allegations that the three men had been drunk and disorderly during their flight into the country or that they sexually harassed a flight attendant.

They had been tested for alcohol consumption and readings were negative, he said.

But he did admit there had been an argument aboard the Etihad Airlines flight from Sydney to Abu Dhabi on April 27.

Businessmen Jeremy Snaith and William Sargent have been in custody near Abu Dhabi facing drug, sexual harassment and intoxication charges.

The third Australian, David Evans, was charged with sexual harassment, indecent exposure and intoxication but was released on bail.

The three first-class passengers were arrested after getting off the Etihad flight from Sydney.

Snaith yesterday was handed a six-month suspended sentence, while Evans received a one-year suspended sentence.

Mr Sargent was acquitted of all charges.

Mr Hill said they were to be deported.

"They should be out of the country within 24 hours. We are very hopeful that that is the timeframe, but things never quite work as you expect in these countries. They are certainly free to go," Mr Hill told ABC radio.

Mr Hill said a row between the men and staff broke out after a series of electrical and mechanical problems.

He said the air conditioning wasn't working properly in the first class cabin and the men were told they couldn't use their laptops.

"The service was bad, there was not enough food and there were problems with their refrigeration," he said.

"That culminated in a rather extensive argument between several passengers and the cabin staff.

Mr Hill said the claim of sexual harassment against Evans related to him touching the arm of an attendant.

He said Snaith also was fined an unspecified sum for drinking some warm champagne served by the airline.

"Everyone be warned - don't fly Etihad unless you have a permit to drink alcohol, because if you don't and you have cross words with somebody you could end up in exactly the same position," he said.

"There was no alcohol factor involved. There was a whole lot of personality factors involved. They are the sort of issues we will be addressing, backed by irrefutable evidence, when we are out of here."


Update: 6 June 2007

from smh.com.au

The case of three Australians charged with drunken, lewd behaviour aboard a first class flight to the Middle East is set to move to a Sydney courtroom.

While businessmen Jeremy Snaith and David Evans were due to be flown to Bangkok early this morning after being convicted in an Abu Dhabi court of offensive behaviour and given suspended prison sentences, their lawyer, Ross Hill, is preparing to sue the airline, Etihad, for malicious prosecution and unlawful detention.

Mr Hill says his clients are not only innocent of the charges, which included being drunk, lewd and even naked in the first-class cabin, but have spent a month in a desert prison eating camel, at least in Snaith's case, and have suffered business losses.

But like everything else in this case the details are unclear. Media reports from the United Arab Emirates yesterday claimed Snaith returned a positive drug sample with traces of cocaine and hashish. Mr Hill rejects this and insists the samples were switched and came back from the laboratory with a different exhibit number. Instead he says Snaith was convicted by three judges of using offensive language, for which he received a six month suspended sentence, and fined $330 for being a non-Muslim drinking without a permit. "No-one is denying he had a drink but it was warm champagne served by the airline," Mr Hill said.

Evans was convicted of using offensive language and touching a cabin crew member on the arm for which he received a 12-month suspended sentence. His alcohol and drug tests, taken when he got off the flight, returned negative.

The third man, William Sergent, was cleared and has flown on to Edinburgh, where he was originally headed on April 27 when he was arrested and thrown into a desert prison for testing positive to the prescription drug he takes to help him sleep.

Mr Hill said he argued the court did not have the jurisdiction to hear the drug charges against Snaith. "These Arabic newspapers are getting their information from the police officers who laid the charges and would be rather embarrassed by the way it turned out," he said.

"It was clear on the prosecutor's own brief that there was a problem with the test results. It was someone else's specimen which came back from the lab. It had a different exhibit number."

Mr Hill said the men would prefer to appeal against the convictions but that would mean staying in prison for another month. "It's a hard balance for them - stay another month in prison or cop it on the chin and get out of there."

He insisted all the alcohol tests came back negative, which contradicts the airline's version that the men were drinking heavily from their duty free purchases.

"We don't blame the authorities. They were doing their job. We blame Etihad."


“Crisis? What crisis?” says Middle East airline
Sonja Koremans - B&T
 
Middle East airline Etihad this week denied it was facing a local PR crisis after three of its first-class Australian passengers spent more than a month in jail following an in-flight incident during a trip from Sydney.

After the trio were released from custody in the United Arab Emirates they quickly went on the offensive, giving multiple interviews to Australian media claiming their incarceration had been the result of an overreaction by the airline staff.

Their lawyer Ross Hill alleged the passengers got into a row because the air conditioning wasn’t working, the men couldn’t use their laptops, service was bad, there was not enough food and there were difficulties with refrigeration. The men were arrested when they landed and were charged with a range of offences including intoxication, sexual harassment and indecent exposure.

But as publicity over the case escalated, one of the men was acquitted while the other two were given suspended sentences. After the incident their lawyer claimed that the men were charged with breaching local laws by drinking without a licence, despite the fact that this referred to consuming alcohol on the plane which had, he alleged, been provided by the airline. He underwent a round of media interviews warning other passengers that they could be treated the same way if they flew with Etihad.

But Etihad’s head of corporate communications Iain Burns based in Abu Dhabi, denied the incident had harmed the airline’s image in Australia. He told B&T: “Crisis? What crisis? We are taking a reasonable stance on this – most men and women who read the reports will be glad that there is an airline like ours that cares about the safety of its staff and its passengers.

“It is having no impact whatsoever on the number of people flying on the airline from Australia to Abu Dhabi and beyond.”

He said he was not aware if the airline had implemented a crisis management plan.

But PR practitioners said the airline needed to take the issue seriously. Burson-Marsteller MD Walter Jennings told B&T: “To manage this crisis, you have to be in the dialogue, and pretending there is no crisis doesn’t make it go away. You need to out in front leading the conversation not trying drive behind and clean up. I would be suggesting a much more active involvement rather than pretending it isn’t an issue.”

“What it does do is chills the bones of the Australian business traveller. In my view it is doing a bit of damage of the airline and the country.

“You would also put an Australian face on this and put whatever occurred into an Australian perspective because when these gentleman land they will be putting a very Australian face on the issue. There are already so many misperceptions and misunderstandings regarding countries and businesses in the Middle East that anything that contributes to that is going to be blown out of proportion exponentially.”

However, travel consultant Geoff Smith of Geoff Smith Public Relations said the drama was unlikely to affect the airline’s image. He said: “The public would realise that the airline isn’t bad, it’s the three passengers who were so it shouldn’t have a detrimental affect on Etihad,” he said.

Sydney-based Hill & Knowlton, which was appointed to handle the airline’s PR earlier this year, declined to comment.


ETIHAD RESPONDS TO FALSE CLAIMS
 
 

Etihad, Australia’s newest airline arrival has responded to what it says are false claims about needing to purchase a permit to consume alcohol onboard Etihad Airways.

The claims have been circulating after the airline was involved in an incident, resulting in a court case in Abu Dhabi, arising from the incident on 26 April, when three Australian passengers were considered to have behaved offensively on a flight from Sydney to Abu Dhabi.

Etihad Airways says that repeated requests and warnings for them to stop behaving inappropriately, they continued to act in a manner which caused significant concern to staff and passengers.

The charges the men faced in Abu Dhabi included sexual assault, indecent exposure and abuse of a cabin crew member, with two of the defendants found guilty of sexual harassment and all three deported this week.  

Etihad Airways has clarified that there is no requirement whatsoever to purchase a permit to consume alcohol onboard as is the case with all leading international airlines.

Etihad Airways says that they offer a world class selection of food and alcoholic beverages, served responsibility to passengers during all flights.

Duty-free alcohol is not permitted for consumption onboard as this affects the cabin crew’s ability to monitor alcoholic intake.

The Australian Department of Foreign Affairs and Trade also says that international travellers flying to destinations that specify prescription drugs be kept in their original packaging, should also have an accompanying letter from their doctor.

Etihad Airways says that their number one priority is the safety and comfort of customers and staff and their zero tolerance policy towards disruptive passengers will be strictly upheld.

Report by The Mole


First-class fracas, but facts remain in a sky-high fog


Robert Wainwright - The Age
June 9, 2007

Something went on during an Etihad flight, but that is all the first-class passengers can agree upon, writes Robert Wainwright.

THE champagne was warm and the entertainment system kaput. These are the only two things on which everyone in the first class cabin of Etihad flight 451 agrees.

What happened over the next 14 hours as it flew from Sydney to Abu Dhabi on April 26 remains shrouded in accusation and denial as the antics of three passengers caused an international incident which landed two of them in a desert prison for six weeks and ended in deportation and suspended sentences for offences they emphatically deny.

The Herald has been in contact or is aware of the versions of 11 of the 12 passengers in the $9500-a-head "Diamond Zone", including two leading Sydney businessmen, a judge, a Canadian businessman, a company chairman, two mining executives, a union leader and his wife, a retired seaman and a farmer/would-be author.

Mining executives David Evans and Jeremy Snaith, the two main culprits later given suspended jail sentences in a United Arab Emirates court, were seated at the back of the cabin and rightly annoyed that their seats would not work properly and the sound system was faulty.

"They were rowdy and started complaining about the champagne being hot and the entertainment system from the moment they got onboard," recalled a Sydney businessman who sat beside the men.

Richard Williams and his wife Michele, on their way to a study tour and sitting in front of the pair, concurred: "They were at it from the moment we sat down," Mr Williams, a union official, said. "I told Michele they were the ugly face of Australians overseas".

The complaints subsided as the flight proceeded but the two men continued to drink, according to those around them, including a Canadian sitting next to Mrs Williams.

A travel agent who booked the trip for a judge sitting in 1G also confirmed there were problems: "Our client enjoyed the flight except for the behaviour of some of the fellow passengers."

Several hours into the flight the trouble began again. Mr Snaith and Mr Evans, also unhappy at the standard of food, moved into a lounge area at the front of first class where they met retired seaman Bill Sergent, on his way to Edinburgh, who had been sitting at the front.

Six passengers said the antics grew more boisterous and the men began baiting the three hostesses: "I could see them from where I sat and I'd say they were partying," said one of the Sydney businessmen.

The Canadian concurred: "Big Dave, Jeremy and [Sergent] were demanding champagne, cognac and port," he wrote in an email obtained by the Herald. "Big Dave was very loud and used profanities … He was complaining about everything and giving [crew] a real hard time."

It got worse. The businessman said he watched one of the men fondle one of the hostesses: "He had his hand on her behind and her response was quite hostile."

Then, as the crew tried to get them back to their seats, one of the men took off his trousers: " I was absolutely shocked. I couldn't believe what was happening in an aircraft."

The co-captain stepped out of the cockpit to confront the men. They could hear the commotion through the wall and were even considering diverting the plane.

Eventually the men returned to their seats and the Canadian helped a bare-chested Mr Evans to bed: "I took his shirt which was inside out, and dressed him. I tucked him in bed and covered him. He said, 'thank you for looking after me'."

Mr Williams watched the man assist Mr Evans but the peace did not last long. His wife had a run-in with one of the men who was still wandering the aisles a few hours later and woke her.

"He was drunk, mate; it was as simple as that," Mr Williams said. "I told him he was making the trip a misery for everyone else."

But here's where the story gets tricky. Lawyers for the three men say alcohol tests after arriving came back showing Mr Evans and Mr Sergent had no alcohol in their system and Mr Snaith measured just .06.

This is despite another passenger, Gulgong farmer and hopeful author Colin McCusker, insisting he was drinking with the men in the lounge, supposedly set aside for first-class passengers to mix informally, where they were plied with alcohol by crew. Mr McCusker said no one was behaving badly.

Mr McCusker had never flown first class before and bought his seat from "a big win" at the races. He is moving back to Ireland to find a major publisher for his novel Dublin's Dirty Doris, a wild tale of of the city in the 1950s whose subtitle reads: "Always tell a lie when the truth doesn't fit."

"I didn't bare my arse and neither did they," Mr McCusker said. "The co-pilot was rude and threatening them with jail if they didn't sit down."

There is a problem with his tale. When he reached Ireland he emailed his Australian publisher with this message that appears on its website, and appears to contradict his statement to the Sydney Morning Herald. It reads: "I sold one copy on the plane but buyer was arrested in Abu Dhabi. Bared his ass to the captain."

Mr McCusker said he happily provided an affidavit for Mr Snaith and Mr Evans. Mr Evans - who later sold 1.5 million shares worth $271,000 in Jupiter Mines of which he is a director - was sitting alongside Robert Coghill, who provided the second affidavit supporting the men.

Mr Coghill did not mention he was a travelling companion of the men. They bought their tickets from a Bondi travel agent.

He also condemned the staff and complained about the beds, power supply, air conditioning and the food.

"I observed no issues of sexual harassment or improper or drunken behaviour by those men … cabin staff reacted very aggressively to those passengers' complaints," he told the company.

Ross Hill, lawyer for Mr Snaith, Mr Evans and Mr Sergent, said he was unaware of any connection between Mr Coghill and his clients. But he confirmed they had paid Mr Coghill's costs to travel to Ireland and helped Mr McCusker with his affidavit.

And what of the three accosted hostesses? They waived their right to give evidence, signing a document drafted by lawyers for the three men. "They approached us," insisted Mr Hill.

Just to confuse matters further, Mr Hill says he has eight statements from passengers, including Mr Evans, Mr Snaith and Mr Sergent, to support their version of events.

Last Updated ( Thursday, 21 June 2007 )
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