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Hay River man found guilty of air mischief

Judge says things different after Sept. 11

Paul Bickford
Northern News Services

Fort Smith (July 15/02) - A Hay River man has been found guilty of mischief onboard a Canadian North flight.

Paul Harrington, a Metis land claims negotiator, was fined $700, plus a 15 per cent victims of crime surcharge.

Harrington appeared in territorial court in Fort Smith on July 10 for a trial by judge only.

"Obviously since Sept. 11, the rules in the air have changed significantly," said Judge Robert Halifax in announcing his verdict.

Halifax said the rules are now stricter, and flight crews are watching for unusual behaviour among passengers.

"That's the reality of flying in North America since Sept. 11," he said.

The RCMP removed Harrington from the plane in Fort Smith on March 1, following a flight from Edmonton.

Two flight attendants and a passenger testified for the Crown. One attendant said she noticed Harrington's "negative demeanour" as soon as he boarded the plane. Harrington questioned their instructions for storing carry-on items.

Those in business class, where Harrington was sitting, were to get a meal. An attendant asked to see his boarding pass to check if he had a complimentary upgrade to business.

Harrington later entered the galley to ask about the food mix-up and why the attendants thought he didn't belong in business class.

Eventually, the attendants notified the flight crew that they were having problems with a passenger, but it was decided to continue on to Hay River with Harrington on board.

As the plane was taxiing from the Fort Smith terminal, there were more problems and Harrington was removed from the plane.

The attendants said they were nervous during the flight because of Harrington.

The court also heard Harrington had been warned that, if his behaviour didn't change, he would be asked to leave the flight. However, he denied being warned.

In cross-examination by defence counsel John Hustwick, the attendants said Harrington had not been physical and never attempted to enter the flight deck.

The passenger testified he saw Harrington enter the galley, and appear agitated with his arms waving in the air.

Harrington disputed much of the Crown's evidence. He testified he knocked on the bulkhead and stepped into the galley to speak to an attendant about the food mix-up. "I said thank you and stepped back out."

He admitted swearing, but said it was when he didn't like the way an attendant pushed a tray toward him.

The obscenity slipped out, he said.

"I was sorry about it, but it was too late to retract it."

Harrington said everything was blown out of proportion and he felt singled out for different treatment by the attendants.

"It just seemed like I was getting picked on."