Mark Roberts
Lighthouse staff
CHESTER - A captain of a fishing tour boat is suing Swissair for income he lost after the September 2 airline disaster off Bayswater.
Captain James Mayo's lawyer, Robert Murrant, stated in documents filed last week at the Nova Scotia Supreme Court that his client has been unable to earn a living since Swissair Flight 111 crashed into the sea and killed 229 people. The Chester resident has placed the blame on Swissair for operating an, "hazardous aircraft for economic gain with disregard to the safety of other persons." An area surrounding the site of the crash was cordoned off after the disaster and, although much smaller, is still in place.
Mr. Mayo also alleges he suffered post-traumatic stress disorder from helping with the search for bodies and that he suffered stress when the RCMP commandeered Peggy's Light, an allegation the RCMP and the owner of the boat, Halifax resident Jim Buckley, vehemently deny.
Approximately 300 people - mostly fishermen - have filed claims worth $3-million with Swissair. This is the first lawsuit in Nova Scotia, however.
Mr. Murrant said February 5 his client doesn't expect Swissair will compensate (the 300 people who have filed claims) in the near future because the company is worried the move would be used as an admittance of responsibility in lawsuits filed by the victims' families in the United States. His client, who lost, "several weeks of income," he says, can't wait any longer and doesn't consider the argument, "realistic.
"A lot of people expecting good faith may find out it's a long way off. Time will tell."
He added his client still believes the boat was commandeered by the RCMP, despite comments made otherwise by the RCMP and Captain Mayo's employer. He described the RCMP allegations as a "semantics debate," and said his client, "felt commandeered. We'll see what the facts say."
During a February 4 interview, Nova Scotia RCMP spokesman Sgt. Bill Price alleged the owner of the boat has confirmed what they already know, that these allegations are untrue. "The information Mr. Mayo provided was totally false."
Sgt. Price said the owner of Peggy's Light and Captain Mayo's boss, Jim Buckley, "advised me this morning at no time did he give his captain permission to say the boat was commandeered and at no time did we commandeer any vessel."
Mr. Buckley, whose business is based in Peggy's Cove, said he is worried his company's image will suffer. "I don't want my company associated with any form of lawsuit. What Mayo does is his own business but I don't want it to be reflective of my company, myself or anyone in Peggy's Cove. Peggy's Cove Fishing Charter is not involved in any way and Peggy's Cove Fishing Charter owns the boat. I don't want to be involved in any lawsuit and, in fact, am quite pleased with the Swissair people and how negotiations are proceeding so far."
Sgt. Price said the RCMP does not commandeer boats. "They did that in the pirate days. I'm sure by now Mr. Mayo knows what he did was wrong. It was good of Mr. Buckley to come in this morning to straighten it out. He's upset, needless to say. What it does is put a bad light on people down there and certainly his boat."
Captain Mayo was unavailable for comment.
Swissair spokesman Jackie Pash said the company doesn't discuss specific cases. Company officials, however, she said, haven't forgotten area fishermen, as was demonstrated last September when they met with fishermen to determine what their needs are. Mrs. Pash attended the meetings personally.
Negotiations are ongoing, she said, but didn't wish to discuss allegations the American lawsuits are delaying the process. Establishing a timeline, she said, would be, "speculation.
"We know the hardships haven't gone away. We're very much aware of them."
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