Paul Bickford
Northern News Services

Fort Smith (Apr 15/02) - Two Metis negotiators charged with mischief for allegedly causing a disturbance on an airplane have appeared in court.

One of the accused, Gary Bailey of Fort Resolution, had the charge against him withdrawn by the Crown in Fort Smith territorial court on April 10.

"The evidence we had wasn't strong enough against him," explains Sgt. Marion Lamothe of the RCMP detachment in Fort Smith.

However, the charge against Paul Harrington of Hay River was not withdrawn.

Harrington pleaded not guilty. A trial has been set for July 10 in Fort Smith.

Both men declined to comment, referring questions to their lawyer, John Hustwick of Edmonton.

While not offering comment on the charge against Harrington because it is before the courts, Hustwick says he was not surprised the charge was withdrawn against Bailey.

"The charge ought not to have been laid," he says, calling the Crown's decision to withdraw it "prudent, fair and appropriate."

Bailey and Harrington were removed from a Canadian North flight and arrested in Fort Smith on March 1 following an alleged verbal confrontation with flight attendants.

At the time of the arrests, the RCMP said there was zero tolerance for anyone causing disturbances on airplanes in the aftermath of Sept. 11.

Hustwick dismisses that connection. "I don't think this relates to Sept. 11, at all. I think that is nonsense."

The lawyer also rejects the term "air rage" in connection with the incident. "The expression isn't appropriate to every verbal disagreement between airline employees and passengers."

Both Bailey and Harrington are negotiators with the South Slave Metis Tribal Council.