Charges dropped against Armenian in Nunavut air rage case

Citing mental health and translation issues, Iqaluit Crown prosecutors have stayed charges against Armenian-born Sisak Khudaverdyan who tried to open a door on board an Aeroflot flight from Los Angeles to Moscow in November. (FILE PHOTO)

An Armenian-national who by his actions forced a Moscow-bound Aeroflot jet to make an emergency landing in Iqaluit last November will not be prosecuted following a dismissal of all charges, Feb. 7.

Crown lawyer Christian Lyons informed Nunavut’s Court of Justice in Iqaluit that his office is staying all charges against 36-year-old Sisak Khudaverdyan, who has been in remand custody for the past 73 days since his arrest on the Iqaluit Airport tarmac by local RCMP officers Nov. 25.

Khudaverdyan was charged with one count of endangering an aircraft under Canada’s Aeronautics Act, along with three additional Criminal Code charges.

“Taking into account the court-ordered psychiatric assessment, the details of Mr. Khudaverdyan’s personal circumstances… the Crown has determined it is no longer in the public interest to continue the prosecution,” Lyons told Justice Bonnie Tulloch.

Khudaverdyan, who is not a Canadian citizen, was relinquished to the custody of Canada’s Border Services Agency, which will hold him in Ottawa while the agency evaluates deportation.

The resolution of the case ends a court-ordered publication ban surrounding Khudaverdyan’s actions on both the plane and in court since it was issued last November, Tulloch confirmed at the end of proceedings.

That ban—and a court-ordered psychiatric evaluation—was spurred in part by Khudaverdyan’s remarks during preliminary hearings before Justice Paul Bychok, Nov. 28, when he demanded, through translation, that the court contact Russian President Vladimir Putin to confirm Khudaverdyan was being followed.

And a medical doctor, who was on duty at the Qikiqtani General Hospital at the time of Khudaverdyan’s arrest, testified to Bychok Nov. 28 that Khudaverdyan exhibited signs of psychotic behaviour as well as “delusions of grandeur.”

According to evidence presented in court, Khudaverdyan was on board an Aeroflot flight from Los Angeles to Moscow when he tried to open an emergency door in an apparent attempt to escape, lawyers told Bychok, Nov. 28.

The plane’s crew successfully restrained Khudaverdyan before making an emergency landing in Iqaluit, where he was arrested.

Lyons cited the likelihood of further delays as a major factor in the Crown’s decision to drop the charges, since Khudaverdyan required Armenian translation during all court proceedings.

That language barrier forced the court to use cumbersome and sometimes unreliable out-of-territory phone-in translation services every time Khudaverdyan appeared before the judge.

That arrangement caused repeated communication problems between lawyers and judges during most of Khudaverdyan’s appearances and resulted in several adjournments.

Khudaverdyan’s Feb. 7 appearance was delayed nearly two hours as court clerks struggled to locate a competent translator and establish a reliable telephone connection.

And miscommunication plagued the courtroom Feb. 2, when Justice Tulloch felt forced to enter a plea of “not guilty” on Khudaverdyan’s behalf when she was unable to determine, under direct arraignment, if he understood his legal situation.

“I didn’t do anything intentionally, I am a sick person, even the doctors said I am a sick person but if you want to make me guilty than I’m guilty,” Khudaverdyan told Tulloch during Feb. 2.

Because of the “not guilty” plea, the Crown was unable to proceed with a plea deal that would have ended the case.

The prolonged duration of Khudaverdyan’s custody, as noted by his lawyer, Tamara Fairchild, was beginning to impact his health as well. Fairchild informed the court Feb. 2 that her client had been unable to secure Hepatitis C medication while at the Baffin Correctional Centre.

After accepting the Crown’s stay of charges, Tulloch thanked both the court and Khudaverdyan for being patient during the protracted preliminary hearings.

Khudaverdyan was scheduled to depart Iqaluit for Ottawa in the custody of CBSA officers shortly after Tulloch concluded proceedings at the Iqaluit courthouse.