Tuesday, May 1, 2012

Enrica Lexie--reply to Veeresh Malik

You being an ex-merchant navy man I have no right to ask about the maritime matters. What I am telling is just general thing. The case is criminal case. It is State of Kerala versus Two Italian Marines who are accused of killing two Indian nationals. It is a murder case and individuals have no locus standi as far as the criminal case is involved. The families or dependents have a say on the quantum of compensation only which is a civil matter. This civil matter is also settled along with the criminal case when the guilty is punished as the judge will decide the quantum of compensation to be paid to the dependents of the victim. Whether the families of the victims take money from the people of the accused cannot alter the course of criminal case at all. In this case they are not witnesses even so that they may turn hostile. The incident happened mid-sea miles away from where the families were staying. So all this noise that Italian Government is bribing the families or trying to keep their mouth shut is meaningless. Even after this payment the court can decide when the final judgement is made the quantum of compensation to be paid irrespective of what the families got earlier from Italian Government. The families had submitted application in the court that the ship should not be released before their compensation was settled. Now as they are satisfied with the compensation they have no objection for the ship to be released. They have not told anything of releasing the Marines. Even if they say they should be released it has no meaning and significance in the case. The owner of the boat Freddy also has told of not to release the ship till he got compensation for the damages to his boat. He got it and as far as he  also is concerned the ship need not be held. There also there is no question of releasing the Marines was told. So the case  of killing will go as it should be without any hindrance. And all the requests from the families and the owner Freddy had gone through courts and it was all done with courts approval. There is no substance in blaming the families or Freddy. And I think the shortcomings you have pointed out as that of Director General of Shipping is really that of the Kerala Police which is doing the investigations. It is their responsibility to check the relevant records and call the concerned witnesses. The have their technical team also to check the relevant data.

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