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Drunken brawl forces pilot to change course

Two Puerto Rican co-workers who got drunk and fought on a flight to New York that was diverted to Bermuda will learn their fate today.

Senior Magistrate Will Francis ordered the men -- both of whom have yet to be charged with anything -- remanded until 11.30 a.m. when the services of an interpreter will be available.

Prosecutors will also by then have checked if Island law has jurisdiction over the matter.

Jesus Melendez, 18, and Hector Maldonado, 33, were arrested at Bermuda International Airport shortly after midnight yesterday upon the arrival of American Airlines flight 1290.

The pilot diverted the flight after he found the men's behaviour too disruptive and a threat to the safety of the 157 passengers and seven crew on board.

They were arrested by a uniformed Police sergeant and constable from the St.

George's Police Station backed up by emergency ambulance, Fire, and other Police.

Maldonado -- who does not speak English -- was later taken to King Edward VII Memorial Hospital with a gash to the bridge of his nose.

Melendez wore a white shirt stained on the front and back with blood.

The men -- both American citizens -- work at a trucking company in Worcester, Massachussetts, and had been drinking at San Juan airport and during the flight.

Crown counsel Peter Eccles requested an adjournment from the morning plea court session to research Bermuda's jurisdiction in the matter.

Mr. Francis said he expected the matter to be similar to incidents at sea, and whether it happened over local waters or not, Bermuda may have an obligation to prosecute.

As Mr. Francis was agreeing with duty counsel Wilhelm Bourne that one man should not interpret for the other, Melendez was translating an answer from Maldonado to Police Inspector Anthony Mouchette.

Late yesterday afternoon, Mr. Eccles told Mr. Francis there was some question whether an United Kingdom Article in Council has extended jurisdiction to Bermuda under section 92 of the Civil Aviation Act.

Mr. Bourne said: "I see the Crown in some difficulty with this. I'm not quite sure from my end but I'm not pre-judging that.'' "If we can get over the legal hurdle we're facing with that information, I think we can come to some solution,'' he added. "There is no way I would ask them to plead to this.'' Mr. Francis interjected: "There's probably some immigration difficulties as well.'' In another twist, the cost of an interpreter may be borne by the courts as the case was no longer a Police matter.

At the end of the hearing Insp. Mouchette told Mr. Francis that lawyer Rod Attride-Stirling had volunteered to interpret for Maldonado.

Mr. Francis said: "That's it then, Mr. Attride-Stirling would be a good man for this.'' CRIME CRM AIRPORT FLY