MOVES have begun for the fate of 35 crew from a US anti-piracy vessel, including a Scot from Argyll, who have been held in a foul Indian jail for three months to be decided by international arbitration.
Billy Irving
The news comes as the lawyer for the vessel operator who has been negotiating for their release confirmed the men have been remanded in custody again until February 14 in what their families have described as appalling conditions.
As their patrol vessel Seaman Guard Ohio is registered in that country, Sierra Leone may now take the case to the International Tribunal on the Law of the Sea as Holland did on behalf of Greenpeace in their recent dispute with Russia.
The Indian Coastguard seized the vessel on October 12, allegedly within Indian Customs Waters. The vessel was escorted to Tuticorin and the 10 crew and 25 guards were interrogated by a federal multi-agency joint investigation team. The prosecution has since been taken over by Q Branch of the Indian Intelligence Bureau.
As well as the six British men, there are 14 from Estonia, where two MEPs have been pushing hard for their release.
The crew was booked under the Arms Act and also the Essential Commodities Act for alleged illegal purchase of diesel from local agents. The 22 foreign nationals have been held in the Chennai Puzhal Central prison.
Yesterday (MON) Stephen Askins, the London-based international maritime lawyer who acts for the operator, maritime security contractor AdvanFort, told this blog the men have again been remanded into custody for two more weeks. He described that as “a procedural step” which was not contested.
Although there was a report on January 1 in the Times of India that the chargesheet runs to 2,158 pages, Mr Askins maintained they had not seen it.
“Since we were formally involved we have been working to establish the facts and to await a copy of the chargesheet so we could consider making a fresh bail application once we had seen the actual charges levied against the individuals.
“We are coming to the end of that process and hope that we can move forward with a fresh bail application shortly,” he said.
Mr Askins said the Sierra Leone government had been asked if they would be willing to seek an International Arbitration.
He added: “That way Sierra Leone could seek an order from the International Tribunal on the Law of the Sea in Hamburg for the release of the guards in the same way that Holland did on behalf of Greenpeace in their dispute with Russia.”
Meanwhile, more than 91,000 people have signed a petition to free the men, who include Billy Irving, 33, from Connel in Argyll.
His father Jim and his girlfriend Yvonne Machugh made the journey in the last two weeks to India to see him. They said they were shocked at how poorly and bedraggled Billy looked. They were not allowed to see the prison cell he shared but were told it was “appalling” and regularly infested with rodents and snakes.
After learning Billy and the lads were remanded again, Yvonne, 25, said it was nothing new. She said: “It happens every two weeks. They appear on video court and are remanded for a further 14 days.”
Among the British men held are Nick Dunn, 27, from Ashington, and former sniper Ray Tindall, 38, originally from Hull and two men from Yorkshire – ex-Sergeant Major Nicholas Simpson, originally of Cottingham, and the vessel’s former head of security Paul Towers, an ex-member of the Parachute Regiment from Pocklington.
Another British man, the vessel’s chief engineer, has reportedly attempted to take his own life since being jailed.
