Man fined for civil aviation breach
MONTEGO BAY, St James — Shannon McKenzie, a man with schizophrenia and paranoia disorder who said he wanted to be “free” after being found in a restricted area of the Sangster International Airport, was spared the maximum penalty when he appeared in the St James Parish Court on Wednesday.
He was fined $10,000, which is five per cent of the $200,000 maximum fine.
McKenzie appeared before Judge Sasha-Marie Smith-Ashley and was charged with breaches of the Civil Aviation Regulations in relation to an incident that occurred at 5:00 am on August 31.
According to court documents, an airport security coordinator observed the accused man sitting on a wall on the airside of the airport. That is the area of an airport directly involved in the arrival and departure of aircraft. It is beyond security checkpoints as well as passport and customs control.
The security coordinator approached McKenzie and asked him if he had an access pass, to which he replied that he did not.
McKenzie was escorted to an unrestricted area, and the airport police were called.
When cautioned, McKenzie reportedly said, “Officer, please give me a chance.”
During Wednesday’s hearing, his lawyer Jermaine Campbell questioned whether his client had been charged under the wrong section of the Civil Aviation Regulations. McKenzie had been charged under Section 10. After Campbell advised that he could not properly advise his client until that issue was resolved, the case was stood down briefly so that additional checks could be made to ensure the accuracy of the charge filed against the accused.
When the case was revisited, the clerk-of-court informed the court that the offence was correct, but McKenzie should have been charged under section 14 of the Civil Aviation Regulations.
In mitigation, Campbell stated that his client, who suffers from schizophrenia and paranoia behaviour, had gone to the airport with someone who was leaving the island.
According to the attorney, McKenzie wanted to use the restroom while at the airport and a security officer he asked for directions pointed in a specific direction. He said his client went in the direction indicated by the security officer, saw a restroom, opened the door and realised he was in the wrong area of the airport.
Campbell stated that McKenzie did not go there intentionally and that he was not on his medication at the time.
“When he was asked why he was in that particular area, he indicated that he wanted to be free,” the attorney explained.
The attorney pointed out that his client pleaded guilty at the earliest opportunity, that he has no previous convictions, and that there were no aggravating factors.
Given the mitigating factors, he requested that the judge impose a reasonable fine.
Smith-Ashley took into account McKenzie’s early guilty plea, cooperation, and previous good character.
“I was told that you have no previous convictions, and, in particular, a challenge, which might have impaired your judgement… In any event, I have to balance that with the seriousness of the offence… You were in a restricted sensitive area,” the judge said.
In her sentencing decision, Smith-Ashley stated that she did not believe imprisonment was appropriate and sentenced the accused man to the fine or 20 days in jail.