Shortly after dinner, Miss Hawkins noticed the person the Crown say is Mr Buck stagger towards the lavatory, and when he returned to his seat he asked again for more wine, and she felt that as this person, who we say is Mr Buck, was not aggressive but seemed to be merely still enjoying his wine, he should be allowed to continue. On reflection, it might not have been the wisest of decisions. However, one has to remember the difficulties, you may think, that can arise when the tap is, in fact, shut off, and whether perhaps hope that they might go to sleep.

Anyway, a complaint was made to this lady, and she went to check it out, and discovered that the lavatory floor was wet.

Two hours into the flight, the cabin crew director became aware of this problem that was presenting itself (Mr Ageas) and he felt that they would monitor the situation rather than create a possible fuss.

Three hours into the flight, still drinking, Mr Buck and his colleague, but when the purser began to, I suppose, diplomatically ignore requests for more wine, he would get up, go to the galley, pick up a bottle and pour it unsteadily into his glass. An empty bottle was, in fact, observed also in front of them both at this time. They tried their best (the crew) to ignore requests for more drink, and according to the statements, the gentleman that we say is Mr Buck was told: "Well, we've run out," which perhaps was not the best thing to say, that you have run out of wine on a --- well, I suppose you do. Anyway, that is what they said, and then when he asked for whiskey they said: "We've run out of that." Then he asked for a Glen Morangey, and at this stage, when he was asking it, he was drunk, the Crown say - he was stumbling up the aisle and bumping into passengers' seats, and sometimes, indeed, landing on them. Right.

He would return every 15 minutes to the galley to try and get some more, but he was rebuffed. Indeed, on one occasion he was seen, the Crown say, opening a locker in the galley and took out a bottle for himself, and the stewardess had to grab that bottle off him, and he then stumbled off again.

So it seems that at some stage the defendant had asked Mr Ageas, the cabin services director, if his friends could join him in First Class, and that request was refused unless he was prepared to pay the difference. After this, Messrs Buck and Whittaker kept going back and forth into Business Class to talk to their friends.

Regrettably, they rather played the fool, and acted like naughty children. Whittaker took his shirt off but was not really causing any real problem, and they were asked to keep the noise down, which they did.

The defendant, however, proved a little bit more of a problem; he was getting up and returning to Business Class, and he had to be coaxed back into his seat. He was clearly drunk, unsteady on his feet, and a lot of the staff were at this stage --- he was becoming really a pain in the neck, and many staff were diverted from their duties just to sort of try and cool things down, but it was getting beyond a joke and something had to be done.

So the captain was informed, and he came down and spoke to both Mr Buck and Mr Whittaker, and he told them that they could not have any more drink and to behave themselves. Unfortunately, the defendant did not behave, and he kept getting up and talking to his friends. He tried every ruse to get some more drink, even offering the crew money to get some more, and at one point he picked up some Champagne, which another stewardess had to take back from him. On another, a stewardess saw him, the Crown say it was him, Mr Buck, going towards the door near 4K. Could you look at the exhibit, members of the jury, and if you look, 4K is the seat which is on the right-hand side --- (counsel confer). On the right-hand side (I was bound to get it wrong, I was going to say the starboard side, no doubt wrong), but you can see it there, members of the jury, 4K, can you - do you see it? The door is the thing actually behind where it has got 5K - that is the door, and there are doors each side - do you see? Anyway, somehow he got stuck between the rear of seat 4K, and it may have meant 5K, but he got stuck between that and the crew seat, because as I understand it, looking at the crew seat here, it looks as though it is the seat next to 5K, those two bits there - do you see what I am saying? It is one that actually is just a pull-down seat, I think. Anyway, we shall learn which one it was, but he got stuck - that was the point - and, as I say, if it were not quite so tragic it would be hilarious.

When he was in this position, actually stuck, he then noticed, rather like a child, the control panel which is on the wall, and which operates the cabin lights and the call bell, and one of the stewardesses shouted at who we say is Mr Buck to stop, and she went to get help, for he was still stuck, and she was a bit concerned that he might be able to open the aircraft door. But, in fact, at this stage then, the purser alerted the captain, he was dislodged from his position and he was taken back to his seat.

So far as timing is concerned, we are at sort of breakfast-time coming up now. The defendant simply would not desist in messing about, and so the captain decided to give Mr Buck a written warning, and that is the warning that we have here, a copy of it, and you have seen the tear marks there. It was torn up. You can see what it says: "You have already been told by the cabin crew that your behaviour on board the aircraft is unacceptable and may have been in violation of UK law. With immediate effect you must not drink any alcohol, you must hand all the alcohol in your possession to a member of the cabin crew - it will be returned to you when you leave the aircraft. You must not behave in a manner likely to endanger the safety of the aircraft or cause concern to the crew or other passengers. You must comply with the crew's instructions, and if you fail to comply, the captain may decide to land the aircraft at the nearest available location and offload you. You will be liable for diversion costs, and your ticket will be invalidated for further carriage.

"On arrival, the details of your conduct will also be reported to the police for possible prosecution.

"On conviction in the UK, you can be fined or imprisoned. This notice is (inaudible - coughing in court) by the captain of the aircraft," and it is signed there, dated, and the time there, 7:30, which is 7:30 British time, as I understand it. So that was five hours or so into the flight.

In fact, when the captain descended - just to go back a little on this - when he came down, because he is upstairs in the cockpit, and the cockpit is above, as you will see, with the sort of Upper Class section (I am not sure what it is on a Boeing) --- the upper deck, it is called, thank you. He appeared, anyway, did the captain, and the defendant was at this stage in the First Class galley, and he grabbed a bottle of (inaudible), and Mr Ageas, I think, took it from him; apparently when he did so, he just stood there with an expression like a little boy losing his toy.

The captain appeared and presented him with this written warning. He took it, and immediately ripped it - ripped it up and threw it on the floor; a very deliberate action. The captain considered whether he should divert the aircraft, but decided in the light of the position of the aircraft at the time - I do not know whether we were over the sea or whatever - but fuel, and so forth, the best thing was to continue to Heathrow.

The drama was about to begin. The defendant continued to misbehave, he refused to comply with the request to sit down when the seatbelt lights, for example, came on. He asked for a CD player; he was given one - that was after, in fact, trying to put one of his CDs into a trolley thinking it was a CD player. It was, to an extent, farcical, but not. He was given a CD player; however, despite this, thinking that that may appease him and to sit down and shut up, he returned to First Class. He was staggering around, he refused to sit down, and at one point punched the wall in anger.

The cabin services director then found him, as I have already told you, by the wrong seat - 12B. If you have a look, 12B is in the Club Class. "G" stands for, members of the jury, "galley", so those are the galleys there. And A, B - miss out C because that is an aisle - so 12A, there was a lady there, an American lady, sitting there, minding her own business, when Mr Buck, the Crown say, appeared and tried to sit down there with her.

The unfortunate victim of his attention, the cabin services director could see what --- well, what he thought might happen, and the defendant then pretended to explain that he wanted to sit there because it was next to his wife. He was told: "Look, this isn't your wife, you can't sit there," and he was asked to return to his seat. He then said to that, aggressively: "You can't fucking tell me what to do," and advanced towards the cabin services director, as I say, filled his spoon with yoghurt, and he thought he would be covered in yoghurt (the CSD), so he grabbed the spoon, and the tub of yoghurt exploded and went all over them both and Holly Ward. Not funny really. Mr Ageas's jacket and trousers were covered in yoghurt, and threateningly, the defendant said to him: "I can fucking take you out any time," and with that tightened his tie round his neck and grabbed his shirt. The defendant is quite a tall man; the cabin services director, you will see, is a shorter man.

Miss Ward was next to them, thought the defendant might use the spoon to hurt Mr Ageas, she grabbed the defendant's right arm to pull it away, at which the defendant deliberately reached over, took hold of her right arm and wrenched her hand away with quite a lot of force.

The cabin services director went off then to get the captain and ask for permission to use cuffs. He thought (the captain), in fact, thought better and thought that it would be wiser to enlist the help of the defendant's friends.

 

 
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