A Ryanair passenger who launched a tirade against an elderly black woman on a flight last year will not be prosecuted in the UK, police have ruled, in a decision branded “disappointing” by the victim and her family.
David Mesher, 70, denied he was racist after he verbally abused Delsie Gayle, who’s now 78-years-old, calling her an “ugly black bastard” on a flight to Stansted airport from Barcelona last October.
The incident was captured on film by a fellow passenger and later reported to Essex Police when the flight landed.
A four-month investigation has now been completed by the force, which has left it to Spanish legal authorities to decide on any further action.
Speaking to HuffPost UK on behalf of her mother, Gayle’s daughter Carol said: “Essex police told us this information on Friday.
“My mum is disappointed. Although the police have said from day one that the matter could go to Spain because it didn’t happen on British soil – waiting for nearly four months to hear that is upsetting.
“It feels like we’re getting the run-around. All through this process, I phoned to find out what was happening and the CPS [Crown Prosecution Service] hadn’t made up their mind. We should’ve had a decision before Christmas but that didn’t happen.”
According to lawyers who spoke to The Mirror, the offence can only be prosecuted in Spain.
Essex Police said: “Following disturbing footage on social media we have completed a thorough investigation into reports a woman was subjected to racial verbal abuse on a stationary plane at Barcelona Airport.
“Although the offence did not happen within the jurisdiction of England or Wales, we conducted a thorough investigation and sought advice from the Crown Prosecution Service.
“They did not have the jurisdiction to advise on any charging decision.
“We have completed our enquiries as far as we are legally able to, given that the incident did not happen within our jurisdiction and are now in contact with the Spanish legal authorities so that they can determine how they wish to proceed.”
Gayle said the family remain optimistic that justice will be served, but added: “The incident still plays on my mum’s mind and she still thinks about it a lot. She’s had some counselling – but you still have to get on as best you can. The public have been really supportive.”
Following the incident, Mesher appeared on ITV’s Good Morning Britain, claiming he had lost his temper after he said he asked Gayle, a member of the Windrush generation, to move seats.
He apologised to Gayle, who said it would take a long time to “forgive and forget”.
She later told GMB that she had “never been through anything like this ever in my life”.
Ryanair was criticised at the time for not acting quickly enough, releasing a statement about a week later to apologise to Gayle.
Additional reporting by Isabel Togoh