AN AUSTRALIAN woman who alleged she was sexually assaulted by a Malaysia Airlines’ steward on a flight to Paris is now suing the carrier under the Montreal Convention for more than $200,000.
Laura Bushney, 28, travelled from Kuala Lumpur to Paris with Malaysia Airlines on August 4, 2014.
Her alleged attacker, Chief Steward Mohd Rosli Bin Ab Karim, is currently on bail in France awaiting trial after allegedly confessing to the crime and being charged by French authorities.
Ms Bushney’s Statement of Claim filed by Shine Lawyers in the Federal Court of Western Australia details the alleged ordeal which continued for several hours of the 13-hour flight.
The statement said it began after Ms Bushney informed the cabin crew of her fear of flying and the Chief Steward promised to “check on her” during the trip.
Over the 13-hour duration of the flight, Ms Bushney alleged the Chief Steward escalated his contact from a leg rub to rubbing her stomach and thighs, then eventually putting his hand inside her pants and touching her genitalia.
When this occurred, Ms Bushney said she was physically sick and the Chief Steward walked away.
After arriving at Charles de Gaulle Airport, Ms Bushney told a Malaysia Airlines official she had been sexually assaulted, and was told “there would be repercussions against her if the allegations were false”.
“The applicant (Ms Bushney) agreed to undergo DNA testing.”
After several months of investigation, French police charged Mr Mohd with indecent assault and he is currently on bail.
Malaysia Airlines terminated his employment two weeks after the alleged incident, and on August 25, 2014 Ms Bushney spoke out about her ordeal on television in Australia.
Under the Montreal Convention, Ms Bushney had two years to seek compensation based on physical injuries she suffered in the attack as well as financial losses.
The Statement of Claim said her “bodily injuries” included genital trauma and redness, abrasions, physical manifestations from the shock of the assault including tears and sleeplessness, racing heart, nausea and post-traumatic stress disorder.
“As a consequence of the injuries, she has endured and continues to endure pain and suffering, inconvenience and loss of enjoyment of amenities of life, has lost income and has been left with a permanent disability,” said the statement.
In addition to the $200,000 compensation allowable under the first tier of the Montreal Convention, Ms Bushney is seeking interest on damages, costs and interest on costs, as well as “further or other relief that the court considers just”.
The Convention is the same law under which families of MH17 and MH370 passengers are seeking compensation from Malaysia Airlines for their loved ones’ deaths.
Australian next of kin are seeking damages for economic loss and nervous shock in claims expected to total millions of dollars.
Malaysia Airlines did not take the opportunity to provide a statement in response to Ms Bushney’s claim.