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April 24, 2009
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Star Commentary
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The legal aftermath for Ja's hijacker |
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![]() 'Legal experts who were consulted disclosed that although there are charges which can be brought against the hijacker, the acts did not amount to the offence of hijacking. Arguments are being forwarded that a hijacking or attempted hijacking would only take place if the aircraft had left the ground.'
This week people could be heard voicing their disapproval of the hijacking of a Canjet plane at Sangster International Airport in Montego Bay on Sunday night. "Why it had to happen in Jamaica to give us such a bad publicity?" a woman asked as she conversed with her friends downtown Kingston. "All Jamaicans must be very upset that this could happen in their country," another woman responded. A man who was passing by remarked, "well, look at it this way, if it is bad news, Jamaicans must be in it and if it is good news Jamaicans must be involved." "Look how well our athletes performed at the Olympics last year, getting worldwide recognition, and look this year a 21-year-old Jamaican tried to hijack a plane with Canadian passengers," the man added. big security breach A woman commented, "it is difficult to say the hijacking was not well planned, seeing that it happened at the time when the Canadian Prime Minister was in the island." "It was a big security breach. yes, a very, very big security breach but we must be grateful that the members of the security forces did an excellent job in apprehending the hijacker and no one was injured," one of the women remarked. "So what are they going to do with this so-called hijacker?" the man asked. Legal experts who were consulted disclosed that although there are charges which can be brought against the hijacker, the acts did not amount to the offence of hijacking. Arguments are being forwarded that a hijacking or attempted hijacking would only take place if the aircraft had left the ground. likely charges The police are still conducting investigations and, therefore, the law will have to be applied to the facts. According to some legal experts, the likely charges would be under the Firearms Act for illegal possession of firearm and possible shooting with intent or discharging a firearm in a public place since there were reports that a shot were fired. It is also likely that charges will be brought under the Civil Aviation Act. Section 16D of the Act states that "a person who, without lawful authority or excuse, takes or attempts to take on board any aircraft - (a) a firearm; (b ) any explosive or other injurious substance or incendiary device of any kind whatsoever that could be used to endanger the safety of the aircraft or of person on board the aircraft shall be liable on conviction on indictment to a fine not exceeding three million dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment." |
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