“I could see a small red device with a wire coming out of it,” an air hostess on the Afriqyah Airways Flight 320 from Sebha to Tripoli told the court during the compilation of evidence in the hijacking of the Afriqiyah Airways aircraft just before Christmas.

Moussa Shaha Ali Sako and Ali Ahmed Lano Saleh hijacked the flight on December 23 with a replica hand grenade and pistols. They released the 116 passengers and crew before surrendering to soldiers. 

The woman also told the court how 20 to 30 minutes into the hour long flight between Sebha and Tripoli, Moussa Saha Ali Soko got up from the back of the plane and proceeded to make his way to the front of the plane.

When asked by the air hostess as to why Soko had made his way up to business class and whether or not he required any assistance, the accused said that he needed to speak with the pilot and handed her a piece of paper.

A note was written that the plane had been hijacked, not go to Tripoli, and to go to Rome instead; if these demands were not met, the hijacker would blow up the plane.

The woman went on to say that after the man looked behind him and made a signal to other assailant, Ali Ahmed Saleh.

The woman also said that it was first suggested by the pilot that the men stop the plane in tripoli and refuel to reach their desired destination, however the men refused and wished to continue flying.

When Magistrate Anthony Vella asked how the aircraft ended up in Malta instead of Rome, she said that the pilot had chosen Malta as it was nearby and it was the copilot who had informed Moussa. 

Neither of the hijackers were allowed into the cockpit, said the air hostess and the passengers had been unaware of the emergency. They were informed only after the aircraft had landed in Malta. 

In the courtroom, the witness pointed out the accused Salah as the man with the bomb and Soko as the seated accomplice.

Upon testifying, the pilot, Ali Muhammad, who is Tunisian but lives in Tripoli, confirmed the existence of the paper.

He then told the court that he called on his co-pilot to see what was happening.

The pilot said that he followed his training and made sure he understood the requests of the hijacker, while also providing him with the relevant information regarding the fuel.

“He suggested we fly past Tripoli, over the sea and return to Tripoli, but I feared they would see the coastline from the windows and figure out what we were doing,” the pilot told the court.

He recalled that he had discussed the option of disarming the man with the co-pilot and chief officer but eventually dismissed the idea.

The pilot took the decision to not properly inform the passengers of the situation, out of fear that the resulting news would cause fear and nervousness on the aircraft.

Malta International Airport informed him that it was safe to start releasing passengers and would let him now when to do so. They were told to release the passengers in four separate groups. He also informed airport officials on the situation in the plane.

‘I am the leader of the party, I will not come out with my hands on my head’ the pilot claimed Soko said.

The pilot also revealed that he communicated with Libyan Authorities whilst the plane was in Libyan airspace, and spoke with Maltese Authorities in Maltese airspace.

His co-pilot and chief officer had assisted in the negotiations with the hostage takers, he said. 

“I told the Maltese authorities that they didn't look very dangerous, or like they belonged to ISIS, but that they appeared to not want to live in Libya anymore.”

He did confirm that he spoke with his family on his mobile whilst on the aircraft.

The pilot also said that Malta was not their first choice after Rome. The authorities of Misrata did not allow for the plane to be landed there.

Another air hostess, who followed the same version of events as those who preceded her, claimed in court that Soko told her that he hijacked the plane as he wanted to be filmed.

The woman, who graduated in computer engineering and can speak French, English and Arabic, felt that the she could take advantage of the hijacker by speaking to him, as she did not feel he was that intelligent. She did however say that it was her impression that Soko was the leader.

 

The co-pilot of the aircraft spoke next, echoing most of the previous statements in the events that took place.

Libyans Moussa Saha Ali Soko and Ali Ahmed Saleh deny hijacking the plane, possession of imitation weapons, using violence against a person on board the flight, holding people against their will, making threats of violence and attempting to cause financial or economic instability for a government of international institution.

If they are found guilty of the first charge they can be imprisoned for life.

The defendant’s lawyer, Joseph Ellis, raised concerns surrounding the fact that the Office of the Attorney General will be assisting the prosecution, saying that this denied the accused his right to a fair trial.

Ellis requested that the Court refer the issue to the First Hall of the Civil Court in its Constitutional jurisdiction to examine whether the fundamental rights of the accused are being violated by the participation of the Attorney General in these proceedings.

The Attorney General said that his office manages the witnesses and could not understand why his presence to could breach the right to a fair tail.

Ellis insisted that the AG's role “was not to come here and whisper in the prosecutor's ear.” Ellis countered by saying that the Attorney general decided whether or not to issue an indictment . 

The court dismissed the request, after hearing submissions on the matter and declared it frivolous and vexatious. He ordered the case to continue.

Lawyer Joseph Ellis is appearing for Soko. 

Lawyer Patrick Valentino is representing Saleh. 

 

 

Police Inspectors Omar Zammit and George Cremona are prosecuting, assisted by deputy Attorney General.