Four Croatian football supporters accused of a disturbance on a plane which delayed a Ryanair flight at Dublin Airport have walked free from court after the trial collapsed on Friday.
Marco Bajzec (41) of Beechwood Park, Ballyboe, Glencar, Co Donegal, and Zvonimir Prkacin (40), Luis Buic (38), and Tomislav Zajec (39), all of the same address at Confey, Leixlip, Co Kildare, were arrested on January 22nd.
The four had hoped to fly to London that morning for the Dinamo Zagreb versus Arsenal FC Champions League match at the Emirates Stadium that evening.
Instead, they were charged with offensive behaviour on the aircraft but were granted bail that afternoon and pleaded not guilty.
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The four contested the case, which went to a non-jury hearing at Dublin District Court on Friday.
Judge Susan Fay heard evidence from a cabin crew member alleging that they boarded normally. But just before take-off, one stood, asking to use the toilet.
The court heard he was advised it was not possible at that time. The captain was notified that the unspecified passenger was on his feet at the back galley.
The plane could not take off, and he was advised several times, and that man was eventually given permission to use the toilet.
Then his friends also wanted to go to the toilet, with one allegedly saying, “If you don’t let me go to the toilet, I can urinate at the back galley,” the court heard.
The witness could not remember which of the four made that remark.
The captain was told they were not complying with the safety regulations and it was not possible to proceed. A decision was made to offload them from the aircraft.
However, the defence made legal submissions about lawyers for the four men not being furnished with the prosecution witness’s statement before the hearing.
The men’s barristers opposed an adjournment, saying that one of the accused had been put on Ryanair’s no-fly list, affecting his ability to travel.
Barristers applied for a dismissal.
Judge Fay described the disclosure issue as a “genuine oversight”.
She said the statement in question should have been disclosed, particularly where the issue had been ventilated before the hearing.
However, she refused to grant a full dismissal of the charges and struck out the case.
At their first appearance in January, Gda Emmet O’Byrne and Gda Conor O’Neill told Judge Kelly they arrested the men at 9.15am at stand 107L in Terminal 1.
The four were brought to the airport and Ballymun Garda stations to be charged under the Air Navigation and Transport Act.
The judge noted that Mr Bajzec and Mr Buic made no reply while Mr Prkacin answered, “I feel sorry for the passengers on the flight and the staff; they were delayed because of us”.
Mr Zajec stated to gardaí: “I have done nothing wrong”
