Ryanair sues former pilot for defamation over safety remarks

Ryanair is suing a former pilot for defamation over remarks which the airline alleges wrongly meant it compromises the lives and safety of its passengers.

Ian Somner is defending the action on grounds what he said was "honest opinion" pertaining to a matter of public interest — the alleged "adverse effect" of Ryanair's corporate culture on passenger safety.

He is also pleading it is true to state the corporate culture, management structure and way Ryanair deals with its staff jeopardises the safety of passengers by placing pilots under abnormal stress and pressure. Ryanair, he claims, reacts in a “very aggressive and angry” manner to any perception of criticism so pilots are fearful to raise issues.

He also pleads it is true the chances of being involved in a serious incident or accident on Ryanair are greater than on other airlines and it is an airline that should be avoided.

He denies Ryanair’s claim that his remarks, made in a Dutch TV programme, meant or could be understood to mean a serious incident or accident on Ryanair “is inevitable”.

Among various matters in his defence, he alleges there was a “potential disaster scenario” at Spain’s Valencia airport on July 26th 2012, in which three Ryanair planes declared a “fuel Mayday” because their pilots feared they could not land without going below the legally required level of final reserve fuel.

That came about as a direct result of a “culture” within Ryanair of prioritising fuel efficiency even at the expense of passenger safety, he claims. Ryanair encourages its pilots not to carry extra fuel on flights because its additional weight will lead to increased fuel consumption, he alleges.

Mr Somner’s counsel Rossa Fanning BL said his client contends Ryanair operates a “fuel burn league” listing the individual fuel consumption of each of its captains, ranking at the bottom those considered to use “too much” fuel while complimenting those at the top.

The defamation case against Mr Somner, with an address in Edinburgh, arises from remarks by him during a two part tv documentary entitled ‘Mayday! Mayday!’, broadcast on the internet by a Dutch tv station, KRO, on December 28th 2012 and January 3rd 2013.

Mr Somner worked as a pilot with Ryanair between 2004 and 2011, operating from bases in London and Edinburgh. Ryanair claims he was certified medically unfit to fly in February 2011 and it paid him 129 days sick pay until he resigned in September 2011.

In its defamation claim, it alleges comments by him on the KRO programme meant the corporate culture, management structure and the way Ryanair deals with its staff jeopardises the safety of passnegers by placing pilots under abnormal stress and pressure. Other claims include his remarks meant the chances of a serious incident or accident on Ryanair are greater than on other airlines and it should be avoided.

The case came before Mr Justice Michael Peart yesterday when Mr Fanning sought pre-trial orders requiring Ryanair to discover documents concerning its fuel and pilot hiring policies and its corporate culture. Among the documents being sought are all documents related to in-flight fuel-related incidents that took place in the five years up to and including July 26th 2012.

His side wanted the pilot hiring policies in the context of Mr Somner’s claim it hires young and inexperienced pilots and that a practise of basing pilots away from their homes adds to stress, counsel said.

Tom Hogan BL, for Ryanair, opposed the application, contending Mr Somner is on an impermissible “fishing” expedition and was seeking documents on issues, including relatign to fuel policies, when he had not directly referred to fuel in his remarks on the tv programme. Those remarks related more to alleged bullying and harassment, he said.

Mr Hogan said Ryanair also wanted orders to compel Mr Somner to disclose, in advance of the defamation hearing, various particulars, including the names of any pilots he proposes to call as witnesses and how he came to be involved in the tv programme.

Mr Justice Peart reserved judgment on the discovery issues to later this month when he will also rule on discovery matters in separate defamation proceedings by Ryanair against Channel 4.