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MAS being sued for RM616,000 for alleged sexual assault
Published:  Aug 24, 2016 10:14 AM
Updated: 4:38 AM

Malaysia Airlines Bhd (MAS) is being sued under the Montreal Convention for more than A$200,000 (RM616,000) by an Australian woman who alleged she was sexually assaulted by the chief steward on the carrier's flight to Paris.

Laura Bushney, 28, had travelled from Kuala Lumpur to Paris with MAS on Aug 4, 2014.

Her alleged attacker, chief steward Mohd Rosli Ab Karim, is currently on bail in France and is awaiting trial after allegedly confessing to the crime and being charged by French authorities, news.com.au reports.

However, the National Union of Flight Attendants Malaysia (Nufam) in 2014 said there has been no admission of guilt and condemned the airline for sacking Mohd Rosli without guilt proven.

News.com.au said Bushney's statement of claim, which was filed by Shine Lawyers in Western Australia's Federal Court, details the alleged ordeal that occurred over several hours during the 13-hour flight.

Her ordeal, the statement said, started after Bushney informed the cabin crew of her fear of flying and Mohd Rosli promised to "check on her" during the trip.

Bushney claimed that throughout the flight, the chief steward escalated his contact from a leg rub to rubbing her stomach and thighs, then finally putting his hand inside her pants and touching her genitalia.

When this occurred, Bushney said, she became physically sick and the chief steward walked away.

Complained to MAS at Paris airport

After arriving at the Charles de Gaulle airport in Paris, Bushney said she told a MAS official that she had been sexually assaulted and was purportedly told "there would be repercussions against her if the allegations were false".

"The applicant stated that she wished to proceed with the complaint (and) French police took the chief steward to a police station within the airport.

"The applicant (Ms Bushney) agreed to undergo DNA testing," said the statement.

French police charged Mohd Rosli with indecent assault after several months of investigation and he is currently on bail.

News.com.au said that MAS terminated his employment two weeks after the alleged incident and on Aug 25, 2014, Bushney revealed her ordeal on television in Australia.

Under the Montreal Convention, Bushney has two years to seek compensation, based on physical injuries she suffered as well as financial losses.

Her statement of claim says her physical injures 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 RM616,000 compensation allowed under the first tier of the Montreal Convention, Bushney is also seeking interest on damages, costs and interest on costs, as well as "further or other relief that the court considers just".

The families of MH17 and MH370 passengers are also using the Montreal Convention to seek compensation from MAS for the deaths of their kin on the two flights.

Australian next of kin are seeking damages for economic loss and nervous shock in claims expected to total millions of Australian dollars, news.com.au said.

The news portal also said that MAS did not respond to Bushney's claims.

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