Enrica Lexie set to sail off Kochi !!!- but still could not

       For the past two months – the Afromax Enrica Lexie has captured many headlines and hogged limelight.  It was much debated as to whether it was cold blooded murder by trigger happy Italian Marines or was it just the apprehensive action of Marines providing security against piracy threats !  More were the news about Italian diplomacy trying to get better of the systems and the Q on the jurisdiction.  After protracted struggle, the perpetrators of the crime,   Italian Marines identified as Latore Massimiliano and Salvatore Girone were arrested and lodged in jail.  Some more drama unfolded with those accused protesting on the food and accommodation.  

On 29th Mar 12, different line unfolded as the  Kerala High Court  granted permission for departure of the  Italian vessel Enrica Lexie which had been  detained at Cochin Port.  Justice P S Gopinathan directed the release of the vessel ;  On a plea by the ship owner seeking permission to continue its voyage, the court said the order to release the vessel would not interfere with the course of the ongoing probe. The court directed the vessel owner Dolphin Tankers to execute a bond of Rs. 3 crore before the Deputy Conservator of the Cochin Port Trust with an undertaking to produce the vessel, master and the crew as and when required.  Opposing the move, Advocate General K P Dandapani submitted that in the event the forensic lab report points at any involvement of the remaining four marines on board Enrica Lexie in the incident, the court shall be permitted to take them into custody.

Whilst a ship cannot remain for an indeterminable period of time, some shipping sources apprehend that the sailing out of Kochi might affect the investigation and there is the possibility of evidences on board the ship getting lost and whether there was involvement of more Marines would never be out.   There is some criticism that this high profile case has had many loop holes with some reports suggesting that the log books which contain critical data have not been properly analysed.  Some anyalysts say that the sailing away would help both the captain and the ship owner to escape from Indian Law. The ship owners had on their part filed petition seeking release citing that huge expenditure was being incurred by them with the docking of vessel at Kochi and that they would fully cooperate with the investigation.  

So the ghosts of the two fishermen killed -  Ajesh Binki, 25, and Gelastine, 45,  would haunt while the Marines Latorre Massimillano and Salvatore Girone, presently languish in the Central Prison in the state capital Thiruvananthapuram.  Italian Defence Minister Giampaolo Di Paola visited the jail and met the marines.  The minister later called on Chief Minister Oommen Chandy along with a large Italian delegation.  Mr. Chandy was assisted at the meeting by top police officers among others and after a 15-minute interaction with the Italian delegation, he and Paola engaged in a one-to-one interaction.

What was discussed is not known, and was there need for any confidential discussion on something pending in a Court of law cannot be answered.  There are opinion that the sailing out order portrays the failure on the  State in defending the case.  There was delay in filing the seizure report and arraigning the captain of the vessel  which could be viewed as crucial. 

The Court has  directed the shipping company to give an undertaking that the vessel, its master and crew would appear as and when called upon by competent authorities with three weeks' prior notice. It is stated that the owners of the vessel  argued they could not take responsibility of the marines as they were not part of the ship's crew and they were deputed by the Italian navy for security.

Only time will reveal whether this case was handled properly despite the initial tall claims made by the State Government and it would be unfortunate that by the time, the facts are known, most would have forgotten of this case – a la the killing of Indian fishermen closer to their own coast………..

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A happy ending for the Ship, its Owners and those on Board – or so I thought, upon concluding this but today there is more news. 

Now there are reports of a major   setback for sailing out of Indian waters, as  a Division Bench of the Kerala High Court on Friday(30^th March 2012)  stayed the Single Judge’s order granting permission to the vessel to leave the Cochin Port till Monday.    The Division Bench of Acting Chief Justice Manjula Chellur and Justice V Chitambaresh directed vessel owner Dolphin Tankers to wait for three more days.

Reports state that the Court issued the directive while considering an appeal filed by relatives of the fishermen, who were shot dead by Italian marines on board the vessel, challenging the Single Judge’s order.  The earlier directive permitted sailing after furnishing a bond for Rs.3 crore before the Deputy Conservator of the Cochin Port Trust with an undertaking to produce the vessel, master and the crew as and when required by the Centre, Deputy Conservator, and Mercantile Marine Department.  The present directive of Division Bench expresses its disagreement stating that the amount is meagre and reportedly queried on why Ship owners cannot furnish sum of Rs. 10 crore.

With regards – S. Sampathkumar