Court case adjouned to make sure Scots rocker 'knows about it'

The air rage court case against Scots rocker Kyle Falconer was adjourned today - to make sure he knows about it.

Published 31st Aug 2016

The air rage court case against Scots rocker Kyle Falconer was adjourned today - to make sure he knows about it.

The View frontman is being prosecuted at Paisley Sheriff Court over claims he hurled homophobic abuse at a male cabin crew member, and threatened other passengers while armed with two bottles, on a flight home from Spain.

But the 29-year-old, of Lochee, Dundee, was not present for the first public court hearing today, and there was no solicitor in court to represent him.

And as the singer - famous for hits Same Jeans, Wasted Little DJs and Shock Horror - has never appeared in the dock to answer the charges against him, the case was continued to ensure he has been served with the paperwork detailing the charges against him.

Procurator Fiscal Depute Emma Jeffrey told Sheriff James Spy: "There is a Crown motion to continue the case without plea to check for personal service."

Sheriff Spy agreed and continued the case until next month for investigations to be made.

Falconer - who shot to fame in 2007 when his band's debut album, Hats Off to the Buskers, topped the UK Album Chart - is said to have shouted, sworn and acted aggressively towards fellow passengers while armed with two bottles.

He was arrested in June after allegedly losing the plot on board a Jet2 flight between Reus Airport and Glasgow International Airport.

The Dundee singer was hauled off the plane by French police in Nantes after the captain made an emergency stop to have him removed.

The musician later traveled back to Scotland where he was arrested by officers from Police Scotland over his alleged antics on the June 17 flight.

Documents from Paisley Sheriff Court show Falconer faces two charges of alleged threatening and abusive behaviour.

He is accused of behaving "in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm" by shouting, swearing and acting aggressively towards other passengers "whilst in possession of two bottles."

Prosecutors claim he breached Section 38(1) of the Criminal Justice and Licensing Scotland Act 2010 by acting in the manner described.

And he faces a second charge of behaving in a threatening or abusive manner by hurling homophobic abuse at a cabin crew member on board the flight. He is accused of breaking Articles 142(b) and 241(6) of The Air Navigation Order 2009 and Sections 60 and 61 of the Civil Aviation Act 1982 by uttering a homophobic remark to Ryan Carpenter on the flight.

And prosecutors claim Falconer's alleged behaviour was "aggravated by prejudice relating to sexual orientation" as per Section 2 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009.

Falconer - whose band walk on stage to chants of "The View are on fire" from fans - was originally due to appear in the dock over his behaviour on the flight on Monday, June 19.

But he had a six-hour wait for a hearing that never took place, arriving at the Renfrewshire court in the morning and leaving with his fiancee around 4pm without appearing in the dock.

The pair, wearing Fred Perry shirts, sat in the criminal office within the building before being photographed frolicking together in the street outside.

A spokeswoman for Police Scotland said at the time: “Police Scotland has received a complaint regarding the behaviour of a passenger onboard a Jet2 flight from Reus to Glasgow on Friday, June 17, which resulted in the flight being diverted and the passenger ejected. “We can confirm a 29-year-old man was arrested.”

A Jet2 spokesman said on the day of Falconer's arrest in France: “We will be launching a full investigation working alongside Police Scotland and will be following due process under the law to prosecute and recover our costs incurred by this unnecessary diversion.

“We apologise to our customers for having to witness such disruptive behaviour and for the delay to their journey home.

“Our Onboard Together initiative commits to taking a zero-tolerance stance against anti-social behaviour for the wellbeing of our customers and crew.”