Mesa Air Group destroyed files pertaining to Hawaiian Airlines’ lawsuit against the Phoenix-based regional, a federal judge said in a preliminary ruling at the US Bankruptcy court in Honolulu.
Hawaiian alleges that Mesa CFO George "Peter" Murnane destroyed evidence after the carrier filed its breach-of-contract suit against Mesa last year. Mesa placed Murnane on administrative leave earlier this month after Hawaiian brought up evidence spoliation.
"Mesa’s chief financial officer, who is still on Mesa’s payroll, was found to have destroyed evidence and lied about it", Hawaiian says in a statement. "The explanation for that conduct offered by Mesa’s chief executive officer, Jonathan Ornstein, was rejected by the court, as was Ornstein’s attempt to distance Peter Murnane from Mesa’s decision to enter the Hawaiian marketplace".
Mesa attorney Maxwell Blecher said in court that Murnane accidentally erased files pertaining to the lawsuit while the CFO was deleting pornographic content from work computers.
"Mesa’s references to pornography are a transparent effort to distract the court’s attention and undermine the credibility of one of Mesa’s most senior officers," Hawaiian attorney Sidney Levinson says in a statement.
Hawaiian media are reporting that the Honolulu-based carrier is seeking damages worth more than $170 million for what it calls "illegal and grossly unethical conduct". The court will determine damages next.
"This was an important milestone, and we look forward to moving forward with the trial and proving our damages", Hawaiian says.
Mesa was not immediately available for comment.
Source: FlightGlobal.com
