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A passenger was cleared this afternoon of being drunk on a plane, using the same legal technicality that freed the socialite he was accused of cavorting with.
Daniel Melia, 37, was said to have kissed and fondled Guinness heiress Clare Irby on a long-haul flight from Bangalore to Heathrow.
Ms Irby was cleared of the same charge on Wednesday after the judge ruled that it had to be proved that she was still drunk when the Kingfisher Airlines flight was in British airspace - only 20 minutes at the end of the flight.
Mr Melia's defence barrister used the same loophole today when he changed his plea from guilty. Prosecutors decided to offer no evidence and a formal verdict of “not guilty” was recorded.
Speaking outside Isleworth crown court, Mr Melia said: “I'm just pleased it is all over. I am greatly relieved. I do feel I have had a lucky escape.”
Asked if he regretted what happened on the flight Mr Melia, who describes himself as a post-graduate philosophy student, said: “Of course — it was drunken stupidness. I wasn't drunk in the last 20 minutes. I would accept that I was drunk earlier.”
The legislation that Ms Irby was charged under meant her charge only related to her condition in British airspace.
Her trial heard that Mr Melia had been banned from drinking during the flight after knocking back red wine. He was alleged to have had a row with his model girlfriend Sarah Hannon, as well
as arguing with another passenger.
When told by prosecutor James Harris that he had been instructed by the CPS to drop the case, Judge John Denniss said: “I understand why.
“It would have been avoidable if appropriate steps had been taken to obtain the appropriate evidence in the first place, but I make no comment on that.”
Reader views (10)
which country does the airspace above the atlantic ocean belong to? If it does not belong to any country in particular, does a perpetrator committing an offense in this airspace have the privilege of being free of any charge?
- Shan, Mumbai, India
To Ian F, London,
I think you will find that they were actually flying with Kingfisher Airline....
- Llewellyn Francis, london
These two must have been really drunk to have fancied each other. I can't imagine anyone sober fancying either of these saddos. And why weren't they prosecuted for endangering the lives of the crew and other passengers by their gross behaviour during a flight?
- Minority Working Person, London/England
To Llewellyn Francis,
I think you may find that BA does not charge for the wine on its flights.
- Ian F, London, UK
"post-graduate philosophy student"
Does he mean he works in a fast food restaurant?
- Bob, Cheam
Does this mean you cannot be prosecuted for murder if you kill someone on a plane if it is outside British Airspace?
- Mick, London, England
Why on earth were they allowed to drink 8 glasses of wine in the first place? Surely the cabin crew would have used their own judgement as to when to stop serving...??? Or was it because each drink probably costed about £5....the airline needed the revenue??
- Llewellyn Francis, london
This is a farce and a waste of public money yet again. So even though they'd drunk 8 glasses of wine neither were still drunk when they flew into uk airspace. the law in the uk is an utter joke and presumably the taxpayer is picking up the tab - as usual.
- Jhn, london, uk
Ye gods, how terribly Victorian our legal system seems to be. Why on earth has public money been wasted bringing this ridiculous prosecution? Is it illegal to kiss, cuddle and caress in public? Who hasn't? Unless these passengers were endangering others on the flight or causing serious disruption that threatened safety, they should have been told simply to take it somewhere a little more private and left in peace. One doubts anyone would have bothered if an heiress had not been involved - CPS hoping to rake in some money in a large fine, no doubt.
- Incredulous, London
"... after her defence team highlighted a loophole."
So she was drunk and abusive on the plane.
The law is an ass.
- Frank, Home Counties, England.
