Killing of Indian seafarers in cold blood off Kerala—the case of the St Anthony and Enrica Lexie (Part 2)

What is even worse than the actual cold-blooded murder of Indian seafarers (fishermen) in Indian waters off Kerala by Italian gun-for-hire mercenaries is the way the disinformation and misinformation campaign is being spread by vested interests in India and abroad

The biggest casualty is always the truth when incidents involving unequals occur. So, first things first, this article will get rid of a few myths being propagated by the mainstream media.

1) Jurisdiction. The larger question is not whether the incident took place on the high seas, economic zone of territorial waters. Or even which coast. The simple issue here is that the FV St Antony flies the Indian flag; two unsolved murders took place onboard this little floating piece of Indian territory and jurisdiction; one of the suspects is the MT Enrica Lexie and personnel onboard, which is now in Indian territory and control and is obliged to follow the due process of Indian law.

Which, in this case, means that anybody who is a related party can walk across to any police station in India, or better still the Yellow Gate Police Station in Mumbai—which happens to be the police station tasked with the responsibility of investigating crimes committed on the high seas pertaining to Indian interests. For a variety of reasons and one happens to be that the Directorate General of Shipping (DGS), Government of India, falls under its jurisdiction.

Why the DGS, which is tasked with looking after the interests of Indian shipping, has not filed a simple FIR (first information report) with the Yellow Gate Police Station in Mumbai in this case is not known, but can be surmised. The Merchant Shipping Act empowers them to do so, and this has been done in the past—the police can then transfer the case as may be required by law. This can be done co-terminus with the enquiry that the DGS has announced in this case.

2) Piracy or not? Question here is deeper—did the Enrica Lexie declare an emergency before, during or after the shootout, as it is obliged to? The answer here is that the ship did file an SAR (Search & Rescue) alarm. And then, instead of waiting at the scene, just steamed away without seeking formal permission to do so from the SAR co-ordinators. Incidentally, the process of declaring such an emergency or Mayday involves pressing just one of half-a-dozen buttons, at any stage—for a very highly automated process to start globally.

The reason the ship steamed away is simple—shoot and scoot. However, co-ordination and control of the response to the emergency and Mayday shifts to the authorities who respond, who designate a coordination and command centre, usually external. Enrica Lexie after the shootout probably thought that the Indian authorities would not be able to connect the dots. It is providence that Kochi is a major naval base, and assets were available to track her down, otherwise a few more hours and she would have simply vanished.

This is where the delay in responding by the DG Shipping, Mercantile Marine Department and the state government becomes suspicious, as it permitted the Enrica Lexie to flee. Any future investigation needs to look into this too—as to why did matters escalate only after the fishermen returned to their home port, when the maritime administration and state government were already aware

3) So what did the Enrica Lexie do after the shootout? This is where it gets sickening. Obviously sources can not be revealed but what emerges is that the two Italian captains on the ship (one in command and one on parallel voyage) first contacted the owners D'Amato Fratelli in Naples and Emanuelle Lauro of Scorpio Shipping in Monaco. This then flowed into the offices of Scorpio Ship Management at Hiranandani Gardens in Mumbai, which has various back-to-back arrangements in place, where a particular Italian citizen of Indian origin, captain Ashley Cooper, is in charge.

Capt Cooper then, apparently, activated his own sources. It is also interesting to learn about the persons who work for Scorpio/Mumbai, their relationship to people from DGS/MMD, as well as the reasons why Indian crew are supplied by another agency in India, while some element of control of the ship lies with Scorpio/Mumbai.

It gets murkier now, as the Enrica Lexie then abandoned the injured and dying seamen on the fishing boat in direct violation of every tradition, every aspect of good seamanship and every law of the sea relevant to such incidents. It then changed its declared destination from Fujairah to Egypt, altered course in a westerly direction, to make as much ocean space between India and itself. Numerous mobile phone calls were attempted at this juncture, as the ship went out of mobile phone range—incidentally, it is suspected that she came close to the coast for this reason itself.

Even the AIS data for the ship from Singapore onwards has been deleted from records on the Internet. It is suspected that data held onboard on various data recorders would also have been tampered with by now. All other things apart, if that is the case, then there is a clear case of wanton and wilful destruction of evidence being made out, too.

It is not just a case of doing what is correct. Right now, the world of commerce and trade globally is watching, waiting to see what the sovereign and free nation of India does. All the big talk we make about being an economic superpower will come to naught, zilch, nada, zero, if we can not protect our own front yard.

The Italian mercantile marine is not exactly regarded as the last word in seafaring ethics, globally. We really don’t have to bat for them. Even their own authorities, as in the case of the Costa Concordia, have taken a realistic view on the subject. Hiding behind the tax haven of Monaco, as is being done in this case, makes matters even more suspicious.

The simple fact is that this ship and its complement have behaved like a bunch of bandicoots, which is something that is not unusual, given the beneficiary and despondent ownership pattern of this ship. The role of the Mumbai office of Scorpio Ship Management in Mumbai also needs to be investigated deeper, since as of now, the man-in-charge there, one captain Tarun Kumar, is denying any form of involvement even though the ship is listed on their international website as being under their management.

What is really terrible is the way the mercantile marine establishment in India is behaving. A foreign flag ship, mis-utilising its right of innocent passage through Indian waters goes on a manhunt and murder spree within sight of India, and all that the DG Shipping of India has done is to launch an enquiry, when by now an FIR should have been launched on the murder of two Indian seafarers on an Indian flag fishing vessel operating out of an Indian port in Indian waters at the Yellow Gate Police Station outside their own office.

There is every reason to believe that evidence will be tampered with, money power will prevail, and bets are out—the ship will sail on Monday. And the world will laugh at us, once again.

You may also want to read...
Killing of Indian seafarers in cold blood off Kerala—the case of the St Anthony and Enrica Lexie 

(Veeresh Malik started and sold a couple of companies, is now back to his first love—writing. He is also involved actively in helping small and midsize family-run businesses re-invent themselves. Mr Malik had a career in the Merchant Navy which he left in 1983, qualifications in ship-broking and chartering, a love for travel, and an active participation in print and electronic media as an alternate core competency, all these and more.)

Comments
venkat
1 decade ago
very analytical study by a geniune seafarer. She did not raise the SAR alram at all. I can say!!!! It is because of good mobile phone coverage and the 'ears and eyes' (the poor fishermen) the information trickled in to the Coast Guard HQ Kochi by good time even before they reached the shore(2330 hrs) and no one else. It is the old Darwin saying "Survival of fittest" our geniune fishermen and our first line of defence our country......
PPM
1 decade ago
It seems the ship was in a port in Srilanka before the fateful voyage, killing Indians in Indian waters,

May be Mahinda Rajapakse had sent great gifts to his close ally in killing innocent tamils...Indian Defense Minister A K Antony.
KUTTY
1 decade ago
A very good article:

India Awaits Suitable Admiralty Law

http://www.maritimegateway.com/mgw/index...
captainjohann
1 decade ago
One thing I am unable to fathom.
1.What is the cargo this ship was carrying?
2.Did police enter the ship and recover the catridges and also the sniper rifles used? If not why this not done already?
3.Why such a hurry for release of this trip?
4.What was its port of embarkationa dn disembarkation?
I have a gut feeling this ship was carrying arms or some other contraband not shown on the manifest
PPM
Replied to captainjohann comment 1 decade ago
Sure the ship carried something which can not be indicated in the manifest.
malq
Replied to captainjohann comment 1 decade ago
Very good questions, Capt. Johann.

It appears as though the diplomatic might of Italy is preventing a proper thorough examination of vessel and weapons. In addition, the real beneficiary owners are not coming forward, and Italy's track record in gun running in Africa/Asia are well known.

We wait and watch. Luckily, there are 19 Indians onboard, who will sooner or later open up.

rgds/VM
Kutty
Replied to malq comment 1 decade ago
Italian officials have communicated to the State police that the weapons have been put under judicial custody after registering a case with the Italian court !!!

http://www.thehindu.com/todays-paper/tp-...
KUTTY
1 decade ago
KUTTY
1 decade ago
Asianet TV:

Kerala High Court orders freeing of the Italian vessel on a bank guarantee of Rs. 25 lakh. The consent of investigation agencies also necessary.
KUTTY
Replied to KUTTY comment 1 decade ago
In 1976 also Rs.25 lakhs

When 3 black barges were towed ashore

http://www.deccanchronicle.com/channels/...
KUTTY
1 decade ago
Highly controversial statement by Cardinal Alencherry reported in the official press of Vatican

Fishermen killed in Kerala: mediation on behalf of Cardinal Alencherry and Catholic Ministers

http://www.fides.org/aree/news/newsdet.p...
KUTTY
Replied to KUTTY comment 1 decade ago
content removed from http://www.fides.org !!!

Content removed to protect the Arch Bishop?
or
Was it an Italian lie?
S Anoop Kumar
Replied to KUTTY comment 1 decade ago
The Archi Bishop denied having made any such statement or representation. He said he was misquoted by Italian Press.
S Anoop Kumar
Replied to KUTTY comment 1 decade ago
Now Italians are trying to bring in religion to the fore and this would whip up the religious passion and creates a divide. Till now all the Indians have supported the Indian stand on the issue immaterial of his/her religion or faith. Italians can go to such a low is what we are getting to understand. They killed our people, they tried to flee, they lied, they bullied, and now raising the religion bogey. It is the time we Indians show them Italians what we are made of. We believe in humanity at the core of our hearts.
Gallus
Replied to S Anoop Kumar comment 1 decade ago
Sir,

My compliments for your balanced view of life and people. With people like you at large, the search for truth will be surely impartial and umpassionate.

Rgds/Gallus
S Anoop Kumar
Replied to Gallus comment 1 decade ago
Thanks Sir
malQ
Replied to Gallus comment 1 decade ago
Dear Gallus, if you really wish to know what strange turns the search for truth takes, you or anybody else here might want to call Pat Adamson on +44 7836 766 947 and ask Pat who or what actually owns, operates, controls and benefits from this ship, the Enrica Lexie.

I salute the spin doctors working on this ship, top class, perchance you woudn't know them, woud you? They do seem to be in and around your time zone . . .

http://mtinetwork.com/

Regards/vm
Anilkumar
1 decade ago
Thanks to Mr. Veeresh Malik for the detailed information. From the onset of this incident, me like many had a feeling that the italians will get away. Yesterday, while whatching the news, i felt ashamed to be an indian, looking at the body language of the italian criminals(all in the clipping irrespective of there position) and the indian officials. The indian officials were cutting a sorry picture of themselves. I feel the election in one of the constituency in kerala is a month away. If not on today as mentined in your article, at least after that election, the ship and the criminals will be left scot free. And from where the italians get so much authority and arrogance, all knows that. I request all our country men to be alert about the fact that we will not be safe under such rulers.
KUTTY
Replied to Anilkumar comment 1 decade ago
Yes you are right Anilkumar. I saw yesterday on TV that one of the Italian criminals smoking cigarette at the premises of the Judicial First Class Magistrate quarters. In Kerala smoking is disallowed in public places. Then how can the policemen allow the criminals to smoke cigarettes?

Are these Italian mercenaries ‘super citizens’?
Ton
Replied to KUTTY comment 1 decade ago
Despite the intricacies of the story, we have to blame ourselves for this. We still consider ourself inferior to Whites (Just as fair Indians consider darker Indians inferior!!!!!). Look at our people treating them as Gods/Godesses when a white skin appear infront of us!. Same time an African would be scowled at with distrust in our country. Secondly, We most Indians are considering and striving for a visa to other developed countries (mostly white countries) and so see ourself as needy and they as our benevolent donors! This attitude has to change, they may look good for their skin and blonde hair, but thats not a reason for us to think we are inferior. But many of us do not even believe in grooming properly! So this will continue until majority of us Indians become rich to accomodate needs of today.
malq
Replied to Ton comment 1 decade ago
You are correct, Ton, on the aspect of the awe and fear of the Caucasians not having gone out of our systems as yet. However, luckily, these fine people are Italians, who are in any case considered by other white people to be not white enough, as I have gathered-though I may be wrong. In addition, the larger issue here now is this - what are the long term fixes we want to put into place for the Indian coast?

tks n rgds/VM
Gk
Replied to malq comment 1 decade ago
I didn't know that the Italians are considered non-whites by the real whiles.

Thanx Malq for giving me a new information.
Samy
Replied to Gk comment 1 decade ago
.

Certainly the Italians are non-whites. Scandinavians are the REAL whites.

.
Sav
1 decade ago
really? sail this Monday? or was ur prediction just any Monday in the course of this year?
Hope u've been reading the news.
All you people who seek conspiracy where there is none must be mighty disappointed.
Sav
Replied to Sav comment 1 decade ago
and yet Monday has come and gone and the ship has not sailed...
malq
Replied to Sav comment 1 decade ago
Sav, like ships all over the world detained for any reason, the Enrica Lexie has to pay certain charges, fulfil outward formalities, and only then can she sail. I believe that a Port State Control inspection for seaworthiness will also be required.

Maybe, just maybe, the historians here may wish to read up about how another Italian ship called the "Patricia L", suspected of gun running in the Horn of Africa, was brought into Bombay harbour under similar conditions way back in early 1974, what happened, and who the famous Italian person was and what he did in those days before he became what he is today?

Thank you for writing in.

rgds/VM

malq
Replied to Sav comment 1 decade ago
Sav, thank you for writing in, and yes, we've been reading the news, as well as reading between the lines. And filtering out PR from truth.

First of all, I'm an ex-seafarer, and I know the score. The pressures on the Master and crew, the ambiguous orders given to the mercenaries, and the unclear chain of command. Result - two deaths.

Next, commercial pressure - find the fall guys, place them out of the equation and find replacements, post bond, sail the ship, so that the cash-flow doesn't get hampered.. That can happen on Monday, as you may know, there were two Masters onboard, so the safe-manning works just fine.

Italians, Indians or anybody else, it's all the same - business comes first. I've had shippie friends in jail all over the world for issues and including Italy.

And what conspiracy theories are you talking about, Sav, maybe on who the real beneficiary owners of the ship are and how their regime doesn't even sign UNCLOS?

Best/VM
S Anoop Kumar
Replied to Sav comment 1 decade ago
Please read the news article of Mr. Veeresh Malik's article on this issue and the very last para (just scroll your mouse upwards) and you will know what we are talking about. I reproduce below the said para for your immediate reference and benefit.

Quote "There is every reason to believe that evidence will be tampered with, money power will prevail, and bets are out—the ship will sail on Monday. And the world will laugh at us, once again" Unquote
S. Anoop Kumar
1 decade ago
Is the great 'Italian Connection' at work behind the scenes to let go the incident as normal and routine and a case of mistaken identity ? If the Italian ship sails free off the Indian coast on Monday, the 20th, as rumoured to be, then the rumour gains credence. It would be an insult to the Indian populace and a challenge posed on sovereignity of India.
Sav
Replied to S. Anoop Kumar comment 1 decade ago
that proves it, doesn't it? Mr. Conspiracy Theorist, do you have proof to backup ur libelous statement? 'Italian connection' indeed. shameless drivel.
S Anoop Kumar
Replied to Sav comment 1 decade ago
There is no conspiracy theory. It is simple truth. It is just apparent and showing for everyone to see. It just proves I am sounding to be right. Read today's news articles. Italian mariners, the accused in the murder case are treated like VIP guests, not like trigger happy criminals who are just alleged to have been killed 2 Indian fishermen in their own home turf.

The accused are placed in governement guest house and Italian officials share the same guest house. Italian officials provide a food menu for the accused under policy custody and our officials get the food items from a 5 star hotel. Can our Indians get similar treatment in Italy ? Now even other politicians are raising this issue, and Mr. Achutanandan, has made his apprehensions public. We treat our guests so very well, even if they are accused of some most serious criminal acts, our guests want more of it and come back to commit more such crimes again and again. After all who pays ?
S Anoop Kumar
Replied to S Anoop Kumar comment 1 decade ago
Sav, The wheels within wheels started moving. Now the court has cleared that the ship can leave by furnishing a guarantee of Rs. 25.00 lakhs. Let us watch for further drama (or circus) to unfold.
E Sylva
1 decade ago
I saw somewhere that one of the two Captains was an Italian of Indian origin, Capt Cooper.
Is it not right to ascertain whether he also has an Indian passport and that is the reason he was being sheltered by the owners.
I am totally perplexed that the Captain is not being charged with manslaughter
malq
Replied to E Sylva comment 1 decade ago
Morning E Sylva, and thanks for writing in.

1) Captain Ashley Cooper runs Scorpio ShipManagement out of Monaco and Mumbai, and is one of the movers and shakers behind the scene here.

2) As always, the seafarers on board will now become colateral damage, the ship will post bond, and then sail.

3) Yes, the cases of Capt. Glen Aroza and before that of the Hebei Spirit 2, Capt. Raj Kumar Goel and others that I know of, are relevant too. There is also the case of the murder onboard of Capt. Rajan Aggarwal. So many cases, where jurisdiction issues apply, each has its own dynamics.

Hats off to the people who stood fast in this case.

Now, the larger issue needs to be addressed - Indian guards or Indian Government approved guards on ships transitting Indian waters. Look at a nautical map and see how this impacts ships going from Malacca Straits towards Arabian Sea - through our waters in the Andamans.
E Sylva
1 decade ago
What about the case of Indian Capt Glenn Aroza whose vessel was called back to taiwanese waters on an alleged incident 80 kms off the taiwan coast.
He was held together with the duty officer for over 2 years on manslaughter charges which could never be proved.
Tt was a Singapore flagged vessel owned by one of the largest japanese trading houses.

http://www.moneylife

malq
1 decade ago
A photo of an Italian surrender to an Indian soldier . . .

http://www.bharat-rakshak.com/LAND-FORCE...
gbdkc
Replied to malq comment 1 decade ago
the surrending soldier could even be a German... and the Indian soldier is in fact a British.
malq
1 decade ago
Actually, the strings are being pulled by people of all colours, so white or brown is not the real issue. It is more like the colour of money involved . . . .thanks RV . . . First Aid and ROC forever.
Amalaraj Marian
1 decade ago
The very first day this case didnt look what was made out to be. The Indian Government is really falling short in many issues and this one will add to this long list. The first case is the ship should not be allowed to sail out and the Captian should be arrested immediately the rest of the situation will come out in detail and the right culprits can be bought to the ambit of the law.
there should not be any lapsed mented out in such cases.
malq
Replied to Amalaraj Marian comment 1 decade ago
The interesting part here is that there are reported to be two Captains onboard, one doing a "paralel" voyage, and the chain of command is not clear between the two as well as between them and the armed mercenaries. And the real report on why and how the ship was encouraged to shoot and scoot is still to come out . . .
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