Japan Sues No-Show Australian Airline.
Japan sues no-show airline
The Courier Mail
08jan03
THE Japanese Government is suing a Queensland air lease firm for $US7 million ($12.25 million) after its jumbo plane failed to show for a James Bond-style mission to spirit alleged terrorists out of Jordan.
The Coolangatta-based Global Air Leasing was to provide its Boeing 747-SP to fly to Japan members of the Red Army who were allegedly involved in the massacre of 26 people at Tel Aviv airport in the 1970s.
The Japanese Government filed its claim in the Brisbane Supreme Court.
Global Air Leasing bought the 20-year-old Boeing 747 from Air China in March 2000 but it lacked an Australian airworthiness certificate and was grounded.
Documents lodged with the court show Global Air Leasing, headed by failed Oz Airlines chief Luke Butler, signed an agreement with the National Police Agency of Japan on March 8, 2000, for the bizarre 007-style mission.
In its statement of claim, the Japanese Government says the arrangement was for the leased jet to fly police officers and members of the Tokyo District Public Prosecutors Office "to meet and collect certain other personnel in the Middle East and return them to Japan". The agreement was for the transportation of up to 60 passengers.
The aircraft was to leave either from Narita Airport in Tokyo or Okinawa with a flight plan that would take it to Cairo and then on to Amman in Jordan.
Papers show the Japanese Government had paid $US1.2 million on signing the agreement.
Papers also show the Japan Government telegraphically transferred $US6 million to Global Air Leasing to complete the transaction.
Two days later, according to the statement of claim, Japanese authorities instructed the charter operator it needed the aircraft in Okinawa by noon on March 15.
But on the day the charter was due, Global Air notified Japanese authorities that airworthiness inspections were not completed.
The plane eventually passed the remaining inspection items but not in time to arrive in Japan as scheduled. The Japanese Government says it was forced to lease an Aeroflot plane for the delicate mission to extract its dissident citizens from Jordan.
Japan had negotiated unsuccessfully for years for the return of its citizens, including Kozo Okamoto who masterminded the Tel Aviv's Lod airport massacre.
Four Red Army operatives: Mariko Yamamoto, the only woman, Masao Adachi, 60, Kazuo Tohira, 47, and Haruo Wako, 51, were returned to Japan.
Court documents show that Global Air Leasing will argue the intended use of the aircraft was unlawful and prejudicial to the administration of justice "because its purpose was to extract persons without lawful process".
Outside court yesterday Martin Daubney, SC, said the Japanese Government was seeking the return of its $US1.2 million charter fee, the repayment of its $US6 million security bond and interest.
After a brief court hearing yesterday, at which Global Air indicated its intention to contest, Supreme Court Justice John Muir agreed to place the bizarre legal battle on the commercial list. What was expected to be a five-day trial will be listed for hearing at a date to be fixed.