A 40-year-old man who forced the diversion of an Air Canada plane to Montreal due to his drunkenness and aggressive behavior on board faces a rare charge under the Aeronautics Act and could face a heavy fine or imprisonment.
“It’s quite rare that we see this type of case,” said Public Prosecution Service of Canada prosecutor Gabriel Lapierre, in charge of the case.
Mustafe Hersi, a resident of Etobicoke, a suburb of Toronto, was on board a Boeing 777 on October 21. The plane was coming from London and was heading to Toronto.
Mustafe Hersi (blurred face) is escorted by Montreal police officers off the plane on October 21, 2023.
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Kicks on the benches
During the flight, Mr. Hersi consumed alcohol to the point where he was completely intoxicated, our sources indicate. Although he had been unpleasant for a while, the tension quickly escalated when he started being violent and kicking the benches around him.
The crew on board managed to control it with restraint straps provided for this purpose in the aircraft. As he was very agitated, two other passengers also helped to control him.
The pilot had to plan a landing at Montreal-Trudeau airport so that he could be arrested.
Shortly after the plane landed on the tarmac, officers from the Montreal Police Service (SPVM) entered the plane to handcuff him.
“[Le] Boeing 777 with 381 passengers on board then continued on its way to Toronto,” Air Canada said in a brief statement sent by email.
The individual was taken to an operational center for questioning. He was eventually released shortly after.
18 months or $25,000
But last week, a summary charge was finally filed against him under the Aeronautics Act. Mustafe Hersi contravened the article which prohibits anyone from behaving in such a way as to endanger the safety of an aircraft or its passengers.
Mustafe Hersi is escorted by Montreal police officers from the plane on October 21, 2023.
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If found guilty, the Ontarian faces a prison sentence of up to 18 months or a fine of up to $25,000.
“It’s a very serious offense because of the intrinsic danger of being on a plane,” said M.e Stone. Agitated or violent behavior on a plane can have extremely serious repercussions and these cases are treated very seriously.”
Mustafe Hersi is due to appear on April 17 at the Montreal courthouse. The forty-year-old also has a pending case of assault in Ontario.
–With Ian Gemme