All crew of US anti-piracy ship freed

Madurai: The Madurai bench of the Madras high court on Monday acquitted all 35 crew members and guards of US-based anti-piracy ship M V Seaman Guard Ohio who were convicted by a trail court last year. The court ordered to release all of them immediately.

“The prosecution has failed to prove that the disputed ship was engaged in any of the activities prejudiced to peace, good order or security of the state,” said Justice A.M. Basheer Ahamed while setting aside a trail court order.

Allowing a batch of appeal petitions, Justice Basheer Ahamed observed that the prosecution failed to prove that the Indian Coast Guard intercepted the vessel on October 13 within the territorial water limit of India.

“The prosecution produced a map pertaining to a location of the disputed vessel. But the location of the disputed vessel and the baseline drawn with pencil on the map were not proved by the competent authority,” the judge said.

Moreover, the prosecution who drew the location of the ship was not examined for which no reason was assigned, said the judge.

The Principal Session Court, Thoothukudi on January 11, 2016, had sentenced the 35 persons inlcuding 23 foreign nationals ( 14 Estonians, six British nationals and three Ukranians) and 12 Indians under five year imprisonment each, and to pay a fine amount of '1,000 each in default another six months imprisonment for offences under the Arms act, 1959.

The prosecution case was that the Indian Coast Guard had intercepted the vessel belonging to the US-based Advan Fort company within the territorial waters of India on October 12, 2013, in Thoothukudi and it had arms and ammunitions in violation of the Arms Act, 1959.

Since then the 35 crew me-mbers including Dudnik Valentyn, captain of the Vessel from Ukraine, Paul David Dennish Towers, Tactical Deployment officer, Britain, of the Vessel among others were fighting the case.

After hearing the case nearly for a year, the judge said that it is proved in this case that the ship was anchored at the given place on account of distress for want of provision and fuel and it never had an intention of visiting Indian port because the captain was waiting for further instructions and for getting provision and fuel.

“When the Indian Coast Guard questioned them over the wireless, they did not hide the possessions of arms on the vessel, and anchor was lifted only on the order of the ICG and further it was ICG which piloted the vessel from the out-post limit of Thoothukudi into the berth into the port,” said Justice Basheer Ahamed.
“Hence the finding of trail court that 'Principle of Innocent Passage' has been breached by the accused in the case is not correct,” said the Judge. The court also made it clear that the ballistic expert admitted that the arms seized from the ship were semi-automatic arms and on demonstration by himself before the trail court.

With this court order, the eight crew and four Indian guards members jailed in Palayamkottai central prison, Tirunelveli and 23 foreign nationals imprisoned in Puzhal central prison, Chennai, are entitled to claim the deposits made by them. Their passports and Seaman Books of the accused are ordered to returned.