A Melbourne family involved in a wild mid sea brawl has accused the cruise liner’s security guards of battering them with handcuffs and threatening to kill them.
What was supposed to be a “pleasurable and relaxing experience” aboard the South Pacific cruise in February 2018 turned into maritime mayhem, with footage of the Carnival Legend fracas making headlines across the world as the “holiday from hell”.
Gabriela Zakhour, 40, is suing vessel operator Carnival PLC, alleging its security guard punched her in the face with a handcuff on his fist during the sail to New Caledonia, leaving her bloodied.
She also alleges in court documents that she was placed in a choke hold and dragged out of sight by a guard.
Meanwhile, Zaki Zakhour, 52, was punched repeatedly in the head and ribs by a guard as he went to defend Mrs Zakhour, according to the statement of claim filed in the Victorian County Court last month.
“Shortly after the security guards stopped kicking and punching Mr Zakhour, six men in overalls with steel-capped boots kicked Mr Zakhour in turns,” the claim says.
Mr and Mrs Zakhour also allege the guards repeatedly kicked and punched their son, Michael Zakhour, and used handcuffs to hit him.
Mrs Zakhour alleges that as she tried to shield him from the security guard’s blows, she was repeatedly assaulted and pulled off him by her hair.
During the drama, a guard told Mrs Zakhour, “We are going to kill youse”, and another person said, “Finish them”, the claim alleged.
Mrs Zakhour feared for her life and the lives of her children, Mr Zakhour and family member George Barkho, 24, during the incident, according to the claim.
They allege the assaults were without lawful justification, and Mr Zakhour and Mr Barkho were falsely imprisoned with handcuffs and kept in locked rooms during the fight.
Mrs Zakhour, Mr Zakhour and Mr Barkho suffered psychiatric and soft tissue injuries as a result of the incident, the claim says.
They have accused the liner of failing to take reasonable care to protect them from risk of injury and seek damages for “distress and disappointment” over the company’s failure to provide a “pleasurable and relaxing experience on the vessel”.
The cruise liner and guards involved have also not apologised, according to the statement.
The mid-sea fracas led to reports of irate passengers demanding compensation, arguing their holiday was ruined, while some passengers locked themselves in their cabins amid the drama.
The Carnival PLC has not yet submitted its reply to the claim.
The trial will be heard by a judge alone in Melbourne at a date to be fixed.
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