The View's Kyle Falconer faces court for airline trouble

Scots rocker Kyle Falconer has failed in a bid to have his air rage court case thrown out of court.

The View front man is accused of threatening other passengers while armed with two bottles, and hurling homophobic abuse at a male cabin crew member, on a flight from Spain to Glasgow in June.

During the flight, the captain made an emergency landing in Nantes, France, to have him removed, and the matter was reported to Police Scotland.

Falconer, 29, was later released from French custody and traveled to Southampton, before flying to Glasgow Airport, where he was detained by police officers and subsequently prosecuted at Paisley Sheriff Court.

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."

He faces a second charge of behaving in a threatening or abusive manner by hurling homophobic abuse at cabin crew member Ryan Carpenter.

Prosecutors claim Falconer's alleged behaviour was "aggravated by prejudice relating to sexual orientation" .

Falconer's lawyers challenged the competency of the prosecution, leading to a debate over the case taking place last month.

Defence Advocate Allan Macleod said Paisley Sheriff Court does not have jurisdiction over the case as the alleged offences were committed in the air.

And he claimed Falconer's case may show that air rage cases are not being prosecuted properly in Scotland.

Mr Macleod said the court did not have the right to hear the case as the law on the boundaries of Scottish courts covers "rivers, creeks, shores and anchorings" and "vehicles on rivers, roads or lochs" - but makes no mention of planes or the sky.

And he said Falconer may have to face justice in England over his alleged antics on the plane - as the first place he landed on British soil after leaving France was Southampton.

Procurator Fiscal Depute Margaret McCallum argued the court does have jurisdiction as Falconer's alleged offence took place on a "British-registered airplane" bound for Glasgow Airport, which was Falconer's destination and within the sheriffdom of Paisley Sheriff Court.

The prosecutor said Section 92 of the Civil Aviation Act 1982 states anything which happens on a British-registered plane, which is a crime in the UK, "shall constitute that offence" and can be regarded as having been committed on British soil.

And she said that, as Falconer was bound for Glasgow Airport and traveled there once released from French custody, that is where prosecutors are arguing he was in the UK when he was on the flight.

Sheriff David Pender adjourned the case to allow him time to come to a decision.

And, when the case against Falconer called in court today, the sheriff threw out Falconer's bid to escape trial.

During the two-minute court hearing, Sheriff Pender said: "I repel the challenge to the jurisdiction of the court."

Defence solicitor Eamonn McGeehan, acting on behalf of Falconer, who was not in attendance, said: "I seek leave to appeal the decision to repel the challenge to the jurisdiction.

"This case has an impact, I'm told, on numerous other cases."

Sheriff Pender replied, "Leave to appeal is refused", before adjourning the case for a trial to take place.

Falconer, of Lochee, Dundee, is due to go on trial in May, with a pre-trial hearing scheduled for next month.