A German national has been handed a 60-day jail sentence for endangering the safety of an aircraft in flight.
Alexandros Moustakas, 48, was one of three German men arrested June 3 after a flight from Frankfurt to Varadero, Cuba, was diverted to the Halifax airport because of a drunken disturbance on board.
Moustakas was sentenced Friday in Dartmouth provincial court after pleading guilty to two charges under Canada’s Aeronautics Act.
He admitted engaging in behaviour that endangered the safety of an aircraft by interfering with crew members’ duties and by lessening their ability to do their jobs.
Judge Frank Hoskins gave Moustakas 30 days’ credit for the time he has already spent in custody at the Dartmouth jail, leaving him with 30 days to serve.
“There are undoubtedly a plethora of adjectives that could be used to describe the circumstances surrounding this case,” Hoskins said. “The most obvious that come immediately to mind
vile and disturbing.”
According to the facts read into the record, Moustakas and two other men — his son Niko Moustakas, 26, and Ingo Hieronymus, 54 — became intoxicated on the Condor flight.
When informed that he would no longer be served alcohol, Alexandros Moustakas went into the galley and made a series of sexualized threats against the female purser. He also grabbed another female flight attendant by the arm and put it behind her back, forcing her head down toward her knees.
Upon returning to his seat, Moustakas threatened to open an emergency window and “light up” the plane. “At that point, he also gave what has been described as a Hitler greeting,” Crown attorney Marian Fortune-Stone told the court.
The crew then announced the flight was being diverted to Halifax. In response, the three men rushed into the galley, complaining about the diversion and demanding cigarettes and liquor.
Moustakas grabbed a drink intended for another passenger out of a flight attendant’s hand and downed it. After going back to his seat, he was verbally abusive to another passenger and indicated he would finish him off when they got to Cuba.
“An in-flight aircraft is in a vulnerable state,” the judge said. “Chances cannot be taken with thelives of passengers and crew, the aircraft itself, or property and persons on the ground.
“In this case, a decision was made by those responsible for the aircraft’s safety to divert to Halifax because of Mr. Moustakas’s misconduct. The decision was not made unreasonably or on bad faith.”
Hoskins said it was important to keep in mind that Moustakas was not charged with Criminal Code offences, such as assault or uttering threats, but rather with regulatory offences.
“This does not in any way undermine or diminish the seriousness of the offences under the Aeronautics Act,” he said. “In other words, these offences are serious offences.”
Each offence carries a maximviour um penalty of a $25,000 fine and 18 months in jail.
The Crown requested a sentence of between three and six months in jail, while defence lawyer Kishan Persaud recommended 30 days in jail, considered time served.
Hoskins said the sentence would have been longer than 60 days if not for the fact that Moustakas suffers from impulse control disorder and an addiction to alcohol. Moustakas testified at the sentencing hearing that he has tried to get treatment for both afflictions back in Germany.
“He has expressed his remorse, apologies and his shame for his conduct,” the judge said of the offender. “The guilty pleas saved the state considerable expense and the witnesses further inconvenience, including travel.”
Hoskins added: “This case is not the first of its kind and unfortunately may not be the last. Therefore, (a message) has to be sent to similar, like-minded individuals . . . that this type of behaare will not be tolerated.
“The flight crew were in their workplace. They have a right to go to work without fear of being hurt, frightened or scared. There’s very little that the crew can do in the confines of an airplane flying thousands of miles over the Atlantic Ocean with care of over 200 passengers who may be in a state of anxiety as to what is occurring.
“It’s unfortunate that Mr. Moustakas acted the way that he did, because now he will serve a further month in custody in a foreign institution, paying for the harm that he’s caused. Moreover, he may have a difficult challenge in the future with flying.”
Hieronymus, who also pleaded guilty to both charges, was sentenced earlier in the week to time served of 15 days and fined $5,000.
Niko Moustakas pleaded guilty to endangering the flight by lessening the crew’s ability to perform their duties. He was sentenced June 8 to time served.
