Bid to drop hijack 'joker' case

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Highflyer_GP

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Cape Town - The Western Cape Directorate for Public Prosecutions (DPP) has again been asked to withdraw charges against a man who joked about hijacking an airliner.

Representations were being made for the second time, for the withdrawal of a case against Mncedisi Eric Maluleka who allegedly joked on board a Kulula.com flight about hijacking the aircraft, the Bellville Regional Court heard on Monday.

Maluleka, 32, made his fifth court appearance since his arrest in October last year, and was to have gone on trial on Monday, charged with jeopardising the safety of an aircraft in flight.

According to prosecutor Nazlee Abdeljaoued, the penalty is a minimum jail sentence of five years, and a maximum of 30 years.

This was the reason for the transfer of the case from the Magistrate's Court, where the maximum jail sentence for any one specific offence is three years, to the Regional Court, where the maximum sentence is 15 years.

It is alleged that, as a passenger on the flight from Cape Town to Johannesburg on October 6 last year, Maluleka asked flight staff: "What will you do if me and my friend hijack this plane?"

The "joke" caused the flight to return to Cape Town, where Maluleka and his friend were arrested.

The unnamed friend was soon afterwards released from custody, when the authorities realised that he had not been involved in any way with Maluleka's remark.

Bail extended

At Monday's proceedings, defence counsel Hugo Rossouw told magistrate Clive Linden that the Western Cape DPP had earlier rejected defence representations for the withdrawal of the charge, and had directed that the case commence, to start on Monday.

Rossouw said Johannesburg attorneys Schindlers had since made representations afresh to the DPP - despite the fact that the DPP had already rejected the first representations to withdraw the charge.

Rossouw added: "It is possible that the DPP may this time decide differently."

He said he would personally approach the DPP urgently for their decision, to enable the case to start on Tuesday if the second representations were also rejected.

Mulaleka's bail was extended, and he was ordered to return to court on Tuesday
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http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2197995,00.html

Nothing to joke about if you ask me. I say make an example out of him that would even deter real hijackers from contemplating it. His little prank could have cost people their lives by inducing a state of panic among staff and passengers.
 
Highflyer_GP said:
http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2197995,00.html

Nothing to joke about if you ask me. I say make an example out of him that would even deter real hijackers from contemplating it. His little prank could have cost people their lives by inducing a state of panic among staff and passengers.
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Let the punishment fit the crime. For Pete sake, he was guilty only of making a comment, and no doubt has been through a great deal of trauma. As far as I'm concerned, he has been punished enough.

As for potential hijackers, they know the risks already and will not be deterred by this event.
 
If those were his "Exact words" I don't see why he is guilty of anything.

What would they do? My safety is important to me, have I not got the right to ask what measures are in place? Even if the airport companies have a policy to not say (in case real hijackers get ideas), they can just say "no comment" etc.


Of course, there is probably more to this story.
 
Unless there is more to the case it sounds like it should be thrown out of court.

Even if he had been kidding with his friend about hijacking the plane they'd be making a big deal out of nothing.

How are they going to make an example out of him? What reasonable sentence can they give?

by inducing a state of panic among staff and passengers
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Maybe people who are so easily panicked should stay on the ground.
 
OK let's ignore the threat aspect for a second - what about the inconvenience he'd have caused to people due to the plane having to make a u-turn to CT? Maybe his punishment doesn't have to be harsh, but it should at the very least teach him to keep his trap shut. I've encountered far too many loud-mouthed idiots on trips who think that they own the damned plane.

Maybe people who are so easily panicked should stay on the ground.
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Easy to say when you're on the ground typing in front of a computer - but when you're in the air you realise that your life is no longer in your hands - hijacker, pilot or otherwise, you have absolutely no control over it. It could just as easily be a real threat that might mysteriously turn into a joke when one realises that things are not going according to plan.
 
Rather let him do do some community service, sending a person to a SA jail because he made a stupid senseless joke is just as stupid and senseless as the joke itself.

I'm sure the airline has a few crappy jobs that need doing, I for one don't want to wash their trucks, clean their lavatories etc...

Turning the plane around was undoubtedly a very costly exercise in futility and wouldn't it be better for all involved if he works back the debt?
 
If his words were indeed "What will you do if me and my friend hijack this plane?'' I can't see how this could be construed as 'We are hijacking this plane'. It's a hypothetical question, not a statement.
How could he be responsible if this were the case ? I don't think so. He didn't turn the plane around - somebody made a call - quite possibly a bad one.
 
Highflyer_GP said:
OK let's ignore the threat aspect for a second - what about the inconvenience he'd have caused to people due to the plane having to make a u-turn to CT?.
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What threat aspect? He didn't threaten anyone. And why on earth did the plane have to go back? Why couldn't the captain have gone to him and given him a talking to? This is a n insane over-reaction American style. There was no intent to hijack the plane, he made no threat, just a flippant remark, while probably trying to chat up the stewardess. So the plan has to go back and him do 5 years in jail? Now he is charged with endangering an aircraft? What, by creating an imbalance of hot air in the cabin causing a terminal spin into the nearest mountain? Insanity prevails.

Just sit for a minute and think what 5 years in jail means for this guy. It's not a slap on the wrist. It's taking someone who is probably a decent productive member of society and destroying their life. Take him away from his wife and kids, end his carear, stop him getting a decent job ever again etc. etc. What the hell is wrong with a fine? I tell you if they put this guy in jail my last shred of respect for "Law" will evaporate.
 
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So the way I see it, a misconstrued comment will get you 5 to 30 years, but rape, murder et al will most likely get you nada years..
 
Comments like that on a passenger liner are stupid and he deserves to face the full force of the law.

It is highly irresponsible in the world we live in today and frankly just plain stupid.

At the very least he should get a suspended sentence, pay for the excess fuel that Kulula had to use and be open to claims from passengers that were on the flight in question.

You cannot go around making statements like that, it is asking for trouble, please man, where has this guy been for the last 5 years, in solitary?
He said it because he knew he was provoking a reaction, now that he has it he doesnt like it, dumbass.
 
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Sneeky said:
Comments like that on a passenger liner are stupid and he deserves to face the full force of the law.
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Yep. And why stop at 5 years? Lets execute the guy!! And his family. That will teach them. There is such a concept as making the punishment fit the crime, which this simply doesn't.

I just don't understand when cracking a joke became a serious crime. even if it's a stupid joke. Are you so scared of everything nowadays that you want to lash out at insignificant nonesense like this? I don't know wether to laugh or cry.

And again, why did the plane have to turn around? They knew full well that there was no hijack in progress and no threat to the safety of the passengers. So why the hell did they turn around? They should be sued for wasting the passengers time. It's just plain stupid. And now we are spending tons of money beating this guy into the dirt. Why? Does what he did really require that we destroy his life?
 
GougedEye, you miss the point completely.

IT IS NOT A JOKE! Very very far from it actually. At 30 000ft there is no margin for error and when an aircraft is in danger, be it mechanical or not they land asap. It is a given.

Crews and ground staff are compelled to react to any threat no matter how trivial it may be. It is their duty to look after the wellbeing of all the passengers on board, imagine if they did not do anything and something happened.

Don't be silly, he must account for his actions and at the very least carry the burden of costs incurred.
 
Sneeky said:
GougedEye, you miss the point completely.

IT IS NOT A JOKE! Very very far from it actually. At 30 000ft there is no margin for error and when an aircraft is in danger, be it mechanical or not they land asap. It is a given.
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No I don't think that I am missing the point. I know it's not a joke. And he should be appropriately punished. Perhaps a fine. But 5 years in jail? Thats crazy.

Crews and ground staff are compelled to react to any threat no matter how trivial it may be. It is their duty to look after the wellbeing of all the passengers on board, imagine if they did not do anything and something happened.
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What threat? Can you honestly say that there was any threat whatsoever to the aircraft and passengers safety? Was he attempting to threaten their safety? Was he doing something that endangered their saftey? The answer is no. There was no threat whatsoever. It would have taken a member of the crew about 3 seconds to determine that there was no threat.

And if there really was a threat and he was going to hijack the plane? Turning it around would have been utterly pointless. Surely the evil hijacker would then have produced his weapon (a sharpened matchstick perhaps?) and told them not to turn around, or to turn around in a different direction? So what was the point of turning around? NOTHING. Anyhow, a flight from Cape Town to JHB lasts less than 2 hours. So what the hell was the point of turning around???? It's a complete over reaction.

This is what happens when the bureaucrats get carried away with writing stupid procedures which people are expected to rely on instead of their brains. Dilbert Zone on steroids.

Don't be silly, he must account for his actions and at the very least carry the burden of costs incurred.
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Again, all I say is let the punishment fit the crime. And I maintain, that there was no reason whatsoever to incur any costs or inconvenience anyone. It's uttterly insane.
 
He's clearly an idiot but I don't think he deserves 5 years for that, there definitely should be some sort of penality though.
 
Had he later on in the flight hijacked the plane then what?
Imagine the consequences for the airline had passengers managed to get to ground safely and report that the crew did nothing when the man challenged them and their reaction was to tell him to be quiet and that he was being naughty!

You're approach, flippancy and failure to grasp the gravity of the situation is astonishing.
I will pay for your flight and sit next to you on it if you think it is merely a 'joke', then you tell the crew you may or may not hijack the plane. Lets see what happens and how funny they find it!

I have seen people making similar 'jokes' on the ground when carry on baggage goes through the metal detectors. They are quickly reprimanded and carted away for further questioning.
The airlines cannot afford to be complacent at all.

If that oke was sitting next to me I would insist that they take action. As far as I am concerned the crew did what was required.

Extenuating circumstances in mitigation of sentence: the dude is a dumbass, suspended sentence of 5 years and costs, how is that unreasonable, it is the law?
 
Sneeky said:
Had he later on in the flight hijacked the plane then what?
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If he was going to hijack the aircraft he wouldn't have been foiled by them turning around and landing 20 mins later. Besides, he never threatened to hijack the plane.
Imagine the consequences for the airline had passengers managed to get to ground safely and report that the crew did nothing when the man challenged them and their reaction was to tell him to be quiet and that he was being naughty!
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He did not challenge them. He did not threaten to hijack them
You're approach, flippancy and failure to grasp the gravity of the situation is astonishing.
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You really have a lot of anger don't you. How dare anyone disagree with you! In any event I do disagree. I dispute that the situation was at all grave. I dispute that the man deserves to have his life destroyed over this.
I will pay for your flight and sit next to you on it if you think it is merely a 'joke', then you tell the crew you may or may not hijack the plane. Lets see what happens and how funny they find it!
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Perhaps you need english lessons? Or is it just basic comprehension you struggle with? Where did I say it was a joke? Where did I say I thought it funny? I have very clearly stated that I think the threatend punishment is way out of line and that a lesser punishment is in order.
I have seen people making similar 'jokes' on the ground when carry on baggage goes through the metal detectors. They are quickly reprimanded and carted away for further questioning.
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Yes, further questioning. No problem with that. How many of them were sent to jail for 5 years? I have also seen ground staff force a friend to throw away a charm bracelet because "thats an offensive weapon". No doubt you wouls upport that sort of over reaction as well.
Extenuating circumstances in mitigation of sentence: the dude is a dumbass, suspended sentence of 5 years and costs, how is that unreasonable, it is the law?
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This is crazy. How can a joke made in bad taste be equated to Serious Crime such as murder, rape or armed robbery? Firstly the charge is nonsense. He in no way endangered the safety of the aircraft. To charge him with that is a distortion of the law. Secondly, the punishment should fit the crime. He made a stupid remark, at which time the airline made and even stupider decison to turn around. Now you want him destroyed? Sorry, I just don't get that.
 
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Sneeky said:
Had he later on in the flight hijacked the plane then what?
Imagine the consequences for the airline had passengers managed to get to ground safely and report that the crew did nothing when the man challenged them and their reaction was to tell him to be quiet and that he was being naughty!

You're approach, flippancy and failure to grasp the gravity of the situation is astonishing.
I will pay for your flight and sit next to you on it if you think it is merely a 'joke', then you tell the crew you may or may not hijack the plane. Lets see what happens and how funny they find it!

I have seen people making similar 'jokes' on the ground when carry on baggage goes through the metal detectors. They are quickly reprimanded and carted away for further questioning.
The airlines cannot afford to be complacent at all.

If that oke was sitting next to me I would insist that they take action. As far as I am concerned the crew did what was required.

Extenuating circumstances in mitigation of sentence: the dude is a dumbass, suspended sentence of 5 years and costs, how is that unreasonable, it is the law?
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Well, that "law" found him not guilty :p

Open your own airline where people have to sit nice and quitely like grade ones with a finger in front of thier lips if you feel that strong about it...
 
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