Wednesday, May 2, 2012

Reply to Veeresh Malik

Mr.Malik, I am not going into the aspect of which country has authority to take action against the wrong doers. The maritime laws are a bit loose and not water tight as that of the land. What I want to stress is that it is the primary responsibility of Kerala Police to take action against perpetrators of the crime. For example if the data on the VDR has not been preserved it is the responsibility of the captain of the ship. So too if any other relevant data has been tampered with. Why then the captain was not taken into custody. The Marines may not be under his control but the data and all materials is under his control and he is responsible. If the police was suspecting any tampering with relevant evidence he should have been arrested. What I tell is not to give an impression that the Marines are guilty. For that the jurisdiction of courts should first be settled. I am telling of the situation of the on going investigation assuming, I repeat assuming, India has authority to prosecute. It looks to me the prosecution is not sure of in which way to go ahead. That is why they are thinking of taking up SUA Act. Now there is another trouble for prosecution. The boat owner Freddy when he got 17 lakhs forgot everything and made some statements which is very damaging for prosecution. I feel prosecution will not dare to put him on stand as on cross examination the defense council make a mincemeat of him. So SUA Act will be more safe. Nice to  correspond with you. Guptan Veemboor

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