Sunday, March 04, 2012

Stewardess sues airline after pilot 'raped her in a Hong Kong hotel'

A flight stewardess is suing one of the world’s leading airlines after claiming that she was raped by a pilot during a stopover in Hong Kong.

No legal action has been taken against the man, who was allowed back to work.

The stewardess, known only as Miss D, claims she was told if they found themselves on the same flight she should be the one to leave.

The stewardess, who lives in the south of England, is now suing for sex discrimination, claiming that the pilot was treated more favorably than her.

For legal reasons, neither she nor the pilot can be named, nor can the airline they work for.

Miss D alleges her colleague assaulted her in a room at a five-star Hong Kong hotel in February last year after a flight from London.

She told an employment tribunal she flew back to the UK the next day without reporting it to police in Hong Kong, but made a complaint to officers as soon as she arrived back in England.

She also reported the alleged incident to airline bosses, who initially suspended the pilot.

But she did not make an official statement to her employers because Sussex police told her it could jeopardize their criminal investigation.

The Crown Prosecution Service has refused to take any action over the case, saying it did not have jurisdiction and referred it back to police in Hong Kong.

But six months after Miss D flew back to Hong Kong to give a statement, detectives in the former British colony have yet to make any arrests.

In a pre-hearing review at a South London employment tribunal, Miss D told a judge she felt she had been treated ‘unjustly’ by her employers.

She said: ‘I first reported the crime to Sussex Police when I arrived back from Hong Kong on February 27.

‘I was extremely unhappy about the prospect of that man returning to work after what he did to me and about the safety of myself and others in the workforce.

‘I informed my employer as soon as I could of what had happened to me, what that man did to me. I was the female victim of rape.

‘I asked how it would be fair or just to allow him back to work if I could not contribute to the investigation with a statement. Nevertheless the airline decided to proceed with that action.’

Asked why she did not report the alleged assault in Hong Kong, she replied: ‘I just wanted to get out of there.’

Miss D said when the pilot returned to work on September 15 she was told if they turned up on the same flight she should be the one to leave.

Sobbing as she gave evidence, she added: ‘He was allowed to return to work with no restrictions.

‘I was told I was not allowed access to his rosters to make sure I would not be on the same flight as him and was advised if we were on the same flight I should leave as that would be the best course of action.

‘I felt he was treated more favourably because he’s a male pilot and I’m a female cabin crew member.’

She said she was in ‘constant fear’ of the man.

Since Miss D, who still works for the airline, lodged her claim in October the pilot has been suspended again, but so far no further action has been taken against him.

James Bickford-Smith, representing the pilot, denied that Miss D was raped in the early hours of February 26 last year.

He said the pilot and Miss D had been kissing in a taxi and went to his hotel room together.

‘Whatever occurred inside that room was outside the course of both of their employment,’ he said.

‘It was in Hong Kong, out of duty, in a hotel room which they had gone to consensually.’

Miss D’s claim of sex discrimination was upheld and a full hearing will start in September. The tribunal dismissed a claim of sexual harassment on a legal technicality.

A Hong Kong police spokesman said: ‘The case is still being investigated and legal advice is being sought. So far no arrest has been made.’

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