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Man pleads guilty to unruly behaviour English traveller forces plane's emergency landing in Iqaluit; ordered to pay $16,000 in finesJeanne Gagnon Northern News Services Published Monday, April 08, 2013
Darren Edward Cosby, 39, has been in custody since his arrest on March 27 after an Air Transat flight from Vancouver to London, England, was diverted to Iqaluit to remove the man from the aircraft. He was convicted of one charge of unruly behaviour under the Aeronautics Act. The Crown stayed charges of uttering threats, causing a disturbance and mischief.
Cosby was sentenced to a fine of $2,000 and he ordered him to pay back $13,875 to Air Transat for fees it incurred as a result of the unexpected landing. Including $8,000 for fuel.
He was held in custody during the proceedings and has been released.
Flight 242 was travelling from Vancouver to London, England with 231 passengers and a number of crew members, according to the agreed statement of facts. Sometime during the flight, Cosby began yelling and swearing at the passengers and crew, court heard.
According to Crown prosecutor Amy Porteous, he was intoxicated but not from alcohol provided on the flight.
He was difficult with the crew so a flight attendant read him a policy card describing what is considered appropriate behaviour on the plane but Cosby continued to be agitated, court heard. Cosby yelled, swore, punched a coffee machine and damaged a mirror, at which point a crew member read him the card again.
Cosby allowed plastic restraints to be put on his wrists but then slipped out of them twice. Cosby was brought to the back of the plane and the crew enlisted the help of some passengers to help calm Cosby down, court heard. He made what a passenger described as a fast, aggressive move before he was headlocked and put on the floor of the plane for about one hour, court heard. Cosby remained agitated and struggled, spitting bloody saliva at those restraining him.
He complained about the tightness of one plastic restraint but when it was released he lunged at passengers. Cosby continued yelling, threatening passengers, threatening to sexually assault the flight attendants and made disparaging remarks about the ethnic origins of some of those restraining him.
Ten to 15 minutes before landing, he attempted to bite the fingers of two men holding him but one of them punched him in the face, preventing that, court heard. He was arrested by the RCMP upon landing.
These events created a great deal of chaos on the plane, said Porteous. Passengers were concerned about the safety of the plane.
Defence lawyer Patrick Bruce said Cosby does not remember the events but agrees to the statement of facts.
Both the Crown and the defence agreed Cosby should get credit for time served in custody.
The Crown had recommended the court impose a $2,000 fine, saying the actions were "pretty violent behaviour" courts need to discourage. The defence had argued time served is sufficient, and Cosby should not be fined.
Cosby, a father of six and grandfather to five, has been an iron worker for 17 years, said Bruce, and is six months into a year-long visa to Canada. The defence said Cosby is horrified by the events.
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