PPRuNe Forums - View Single Post - United GRU-ORD Divert to MIA to Offload Purser
Old 21st Aug 2009, 13:46
  #634 (permalink)  
SaturnV
 
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The captain was recently victimized and harassed by United [management, presumably]. [cityfan's account, favorable to the captain]

On returning to flight status from a medical leave of several months, apparently for a knee operation, the captain encounters a purser who does not promptly provide him a requested customs document. [account(s) favorable to the purser]

This then escalates into further disrespect of the captain's authority, including insubordination, by the purser and perhaps other members of the cabin crew [cityfan's account].

At some point in this incident, the captain hears the purser threaten to tamper with his crew meal. [cityfan's account, stating that the captain heard this "first-hand"; i.e., the captain directly hears the purser make such a threat].

Cityfan then hypothesizes that perhaps the captain felt the purser and perhaps other cabin crew members knew of his having been recently victimized and harassed by United, and were now deliberately engaging in disrespectful and insubordinate conduct to see what might happen.

Given at least one action done by the purser that was not to the captain's liking (purser's account) and several actions of insubordination and one threat (cityfan's account) the captain chooses to divert the flight to Miami, and off-load the purser.

At the gate, the purser is met by police with guns drawn. and questioned. The captain is also questioned, and allegedy describes the purser as a 'terrorist'. [purser's account]

The flight is soon released by United dispatch (on the ground at Miami for about an hour) and continues to its original destination, Chicago. Authorities at Miami airport quickly let the purser go on her way, and United puts her on the next available (non-United) flight to Chicago. [purser's account].

There is a disconnect in the above narrative, and it is this:

If the purser represented such a threat to the continued safe operation of the flight (after all, she allegedly threatened to tamper with his meal, presumably for the purpose of incapacitating him in some way), then the flight should not have been released by United; the purser should have been taken into custody for further questioning; and the authorities in Miami should have taken statements from the captain and all other members of the crew with respect to the purser's conduct, with the idea of possibly prosecuting her. The taking of the statements would have delayed dispatch of the flight by some hours, quite possibly requiring United to fly in a new crew to fly the plane to Chicago.

"Section 46504 of Title 49, United States Code (formerly section 1472(j) of Title 49 Appendix) sets forth the offense of interference with a flight crew member or flight attendant within the special aircraft jurisdiction of the United States, which is defined in 49 U.S.C. § 46501(2). The statute applies to any "individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties." The statute provides for up to 20 years imprisonment, and further provides for imprisonment for any term of years or life if a dangerous weapon is used. Interference with a flight crew member or attendant is a general intent crime, and does not require a specific intent either to intimidate the flight crew member or attendant or to interfere with the performance of his or her duties."
Instructions to U.S. Attorneys by the Department of Justice.
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