Football fans accused of offensive behaviour on Ryanair plane have charges struck out
Judge Susan Fay struck the case out at Dublin District Court after the prosecution failed to disclose a statement to the defence in a "genuine oversight."
FOUR football fans who denied offensive behaviour on a Ryanair plane in Dublin Airport have had all charges struck out after their trial collapsed.
The four had been accused of disruptive conduct that began after passengers allegedly tried to use the toilet before a flight departed for London.
Judge Susan Fay struck the case out at Dublin District Court after the prosecution failed to disclose a statement to the defence in a "genuine oversight."
Marco Bajzec (41) of Beechwood Park, Ballyboe, Glencar, Co Donegal and Zvonimir Prkacin (40), Luis Buic (38) and Tomislav Zajec (39), from Confey, Leixlip, Co KIldare all walked free from court today.
They had pleaded not guilty to offensive behaviour on board an aircraft, under the Air Navigation and Transport Act, on January 22 this year.
Luis Buic
When the non-jury trial got underway, a cabin crew member gave evidence that before departure, a passenger stood up and tried to use the toilets but was advised it was not possible 'because we were ready to take off.'
The crew called the captain and the passenger was allowed to use the toilet, but then his friends also wanted to do so, the witness continued.
'One of them said 'if you don't let me go to the toilet, I can urinate at the back' which is our workspace,' he said.
Tomislav Zajec
It was decided that it was not possible to take off at that time because the passengers would not comply with the safety regulations and the passengers were offloaded from the aircraft.
The crew member said he could not recall who threatened to urinate in the back galley.
The hearing was halted when it emerged that the witness' statement had not been disclosed to the defence.
Zvonimir Prkacin
The prosecution asked the judge to adjourn the case but the defence objected. A lawyer said the defendants had been put on Ryanair's no-fly list and their ability to travel was affected. The defence asked the judge to dismiss the case.
Judge Fay said she would not dismiss the charges but instead struck them out due to non-compliance with the disclosure order. She said she did not believe it was intentional but was a 'genuine oversight' by the prosecution.
Previously, the court was told the four were arrested at Terminal 1 before the plane's departure and taken to nearby garda stations. They had been flying to London for an Arsenal - Dinamo Zagreb match on the day.
Marco Bajzec
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