Lee Ryan lost his High Court challenge on Tuesday over his conviction for racially aggravated assault on a flight attendant. Lord Justice Holgate and Mr Justice Johnson rejected his bid and left the assault conviction in place, so he must return to court for sentencing.
That challenge grew out of conduct on a British Airways flight from Glasgow to London City Airport in July 2022. The judges said the case turned on the competing accounts of Ryan and Leah Gordon, the cabin crew member involved.
London City Airport in July
Ryan had drunk a bottle of port before the flight, according to the trial. During the journey, he was said to have been slurring his words and staggering around, then refused more alcohol and told to sit down.
He then made remarks about Gordon's appearance and grabbed her wrists. He called her a "chocolate cookie". Gordon was described by the judges as a sober and consistent witness.
High Court on Tuesday
The High Court said the Crown Court was entitled to rely on the inconsistency between Ryan's account in interview and the account he gave in evidence. In the judges' words: "In doing so, it was entitled to rely on the inconsistency between Mr Ryan's account in interview, which coincided with Ms Gordon's allegation that he had grabbed her wrists, and the account he gave in evidence."
They added: "The essential reasoning of the court was that it believed Ms Gordon, who had been sober at the time and who was a consistent and compelling witness, and they disbelieved Mr Ryan who had been drunk at the time and had been inconsistent."
Isleworth Crown Court in September
Ryan was given a 12-month suspended prison sentence at Isleworth Crown Court in September 2023. Earlier, in January, he was found guilty at Ealing Magistrates' Court of racially aggravated common assault and behaving in an abusive way towards a member of cabin crew.
His appeal against his convictions was heard in November 2023, when his sentence was set aside. In November 2024, a judge sitting with two magistrates allowed his appeal against a conviction for threatening a member of aircraft crew but rejected his appeal against the assault conviction.
Ryan now returns to court for sentencing, with the assault finding still standing.
