Billy Irving

Billy Irving from Argyll is in prison in dreadful conditions in India. He and his crewmates from the US-owned anti-piracy vessel Seaman Guard Ohio were detained in mid-October 2013 by Indian authorities. They’ve not been charged with anything. This page will have updates on their story until they are free.

I’m looking for updates to this story to publish here and elsewhere. Call me on 01851 720801 or [email protected].

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The Times of India

12 INDIAN CREW OF US ANTI-PIRACY SHIP MOVE MADRAS HIGH COURT

Feb 1, 2014

MADURAI: Twelve Indian crew of the US anti-piracy ship namely MV Seaman Guard Ohio who were denied bail by the principal sessions judge (PSJ), Tuticorin, have moved the Madras high court Madurai bench seeking quashing of the order of the PSJ.
They also prayed the court to consider their petition for bail as more than 100 days have passed by and the final report been filed. The ship was intercepted by the Indian Coast Guard on October 11, 2013, as it allegedly entered into Indian waters. Thirty-five crew members, including 12 Indians were arrested on October 18 by the Q branch of the Tamil Nadu police.The petitioners, who are all ex-servicemen said in the petition that they were booked under the Arms Act, the Essential Commodities Act and High Speed Diesel (Prevention of Malpractice) Supply and Distribution Order.The 12 petitioners are Lalit Kumar Gugung (48) and Abijit Ashok Sawani (32) of Maharashtra, Radesh Dhar Dwivedi (39) of Uttar Pradesh, Naveen Rana (29) and Ramesh Kumar (24) of Himachal Pradesh, Dinesh Narayanan (34), K V Prakashan (39), S Sudheer (45) and Unni Krishnan (38) of Kerala, Rajan Thandapani (25) of Tamil Nadu, Jagadish Prasad (43) of Uttaranchal and Hari Jeet Singh (47) of Punjab.They said that the sessions judge erred in reversing the judicial magistrate court’s order.

Earlier, the judicial magistrate court I, Tuticorin had granted bail to them. But the same was dismissed by the PSJ on January 7 on a revision petition filed by Q Branch of CID, Tuticorin.

It may be recalled that the 35 crew members of the detained US ship had filed bail petitions before the Madurai bench which on December 18 last year dismissed it after accepting the government’s contentions that three people were yet to be arrested in the case, the investigation was at a crucial stage and the documents relating to keeping arms on the vessel were yet to be submitted to the police.

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Anti-piracy crew, including Scot from Argyll, granted bail in India

Interview – Dave Yonkman of AdvanFort
by Iain Maciver       Dec 26, 2013
THERE were celebrations in Argyll last night (THU) as 35 men, including six Britons – one of them a Scot, who had been held without charge in a foul Indian prison were unexpectedly granted bail.
It was the fourth application since the crew of an anti-piracy vessel were detained for alleged trespassing in Indian waters as well as possession of arms and ammunition and illegal procurement of diesel.
The fiancee of Billy Irving, 33, from Connel in Argyll, took to a social media when the news came through. A jubilant Yvonne Machugh wrote: “He got bail today. Don’t know much else other than he will soon be out of that hole, and be able to get a proper wash and proper food.”
It was the fourth bid for bail and its success took many by surprise as lawyers had expected the men to be held until mid-January.
Armed patrol vessel Seaman Guard Ohio is operated by US-based AdvanFort which provides maritime security for ships against pirates. Her crew was arrested in Tuticorin in October.
The vessel’s crew were two Ukrainians and eight Indians. There were also 25 security guards on board: 14 Estonians, six British nationals, four Indian nationals and one Ukrainian.
The company confirmed the men were about to be released, adding: “These men have adhered to the highest standards of legality and integrity throughout this unfortunate ordeal. Their release is the result of AdvanFort pressing thoroughly non-stop, top-to-bottom and day and night to liberate them from the Indian prison. It is the next step toward gaining the full freedom they so rightfully deserve.
“The most urgent and compelling interest for all involved – including the families of the captives, the AdvanFort Company and most importantly the guards and crew themselves – has been to release them from confinement. The AdvanFort Company sends a special note of thanks to their loved ones for their patience and understanding as we continue to press on 24/7, across ten time zones, to secure their full release from India.”
A spokesman said AdvanFort was arranging to pay the unconfirmed bail amount, as well as locating hotels, transportation and other necessary items for the men as they will need to remain in Tuticorin until further orders from the court.
He said it was still not known if the men would be back in the UK by New Year but they were going to try and achieve that.
The crewmen and guards were last denied bail a week ago. Nine lawyers had been working to secure the men’s release.
Their families have complained of facing hardship over Christmas because of the failure of AdvanFort to pay the men. The company blamed a mix-up with an insurance company which should have taken over the payments but they vowed to sort it all out this week.
Also among the British guards in the jail was Mick Dunn, 27, from Ashington, Northumberland, who had served in The Parachute Regiment.

Bosses promises to make sure Billy Irving and other prisoners in India are paid this week

25 December 2013

AN AMERICAN security company has admitted that 35 men, including an Argyll man and five other Britons, arrested when their armed anti-piracy vessel allegedly strayed into Indian waters have not been paid since they were detained in mid-October.

Their families have complained of facing hardship over Christmas because of the failure to pay the men.

The company has now blamed a mix-up with an insurance company which, it said, should have taken over the payments but they vowed to sort it all out this week.

Among the British guards on board the Seaman Guard Ohio were special forces veteran Billy Irving, 33, from Connel in Argyll, and Mick Dunn, 27, from Ashington, Northumberland, who had served in The Parachute Regiment.

The ship is operated by US-based AdvanFort which provides maritime security for ships against pirates. Her crew was arrested in Tuticorin in October on charges of the trespassing into Indian waters, illegal possession of arms and ammunition and illegal procurement of diesel.

Billy Irving’s brother Jamie, 38, last week told a newspaper that the employer had not sent a representative or a lawyer to see Billy in seven weeks. He added: “And they have not been paid, when families at home have bills to pay and Christmas presents to buy. They have not even made the payments they promised for them to boost their diets in jail. Billy is preparing himself for the long haul.”

AdvanFort spokesman Dave Yonkman responded: “We never stopped paying the men their rightfully-deserved compensation. We have been experiencing an issue with our insurance – how the payments should be made, how we should be tranisitioning so that the payments come out of the insurance company as opposed to AdvanFort.”

He said the owner of AdvanFort was committed to paying the men and they hoped to have the issue resolved by the end of the week and had ordered their insurance company to sort it even if they had to work through the Christmas holiday.

“It is just unacceptable that the men have not been paid yet and AdvanFort is going to make this right sooner rather than later. We appreciate the patience of the families and we very much regret they are in this position right now.”

The Seaman Guard Ohio crew comprises two Ukrainians and eight Indians. There were 25 security guards on board: 14 Estonians, six British nationals, four Indian nationals and one Ukrainian.

The crewmen and guards were denied bail again last week.

Later this week an AdvanFort lawyer will personally visit the men to provide them with a better status update and what is happening with the courts.

AdvanFort has complained the men are not getting the medication and treatment they need and I can’t paint a very pretty picture of how these men are faring in there right now. Of course, there are a few of them in high spirits but by the barbaric and malicious conditions they are holding them in are leading to these health problems and psychological problems.

Under international law, the men will have to charged or released by mid-January but three petitions for bail have so far been thrown out by the Indian court.

The company added: “This may not be just a judicial matter. We fully understand and we have a great picture of how deep-seated the corruption is within the India judicial system. We are not sure what the cause of it is and we are trying to get to the bottom of it but clearly it might not be an issue that can be resolved through the courts.”

The spokesman confirmed nine lawyers are now working to secure the men’s release.

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Argyll man among crew forced to spend Christmas in Indian jail

Posted on December 19, 2013 | 1 Comment | Edit
A court has denied bail to the crew members of US-owned anti-piracy patrol ship who were arrested in October on charges of illegally carrying arms and straying into Indian waters.The decision by a judge at the High Court in Madras means that the 35 men, including a Scot from Argyll, will not be home for Christmas but remain in a filthy prison in Chennai despite having not been charged with anything.The only person granted bail was a fisherman accused of supplying provisions to the crew.

The Seaman Guard Ohio crew comprises two Ukrainians and eight Indians. There were 25 security guards on board: 14 Estonians, six British nationals, four Indian nationals and one Ukrainian.

The British guards include special forces veteran Billy Irving, 33, from Connel, Argyll and Mick Dunn, 27, from Ashington, Northumberland, who had served in the Parachute Regiment.

The ship is operated by US-based AdvanFort which provides maritime security for ships against pirates. Hercrew was arrested in Tuticorin in October on charges of the trespassing into Indian waters, illegal possession of arms and ammunition and illegal procurement of diesel.

Tamil Nadu Police said they recovered 31 assault rifles and more than 5000 rounds of ammunition from the vessel.

The crew members were then detained on charges of trespassing into Indian waters, illegal possession of arms and ammunition and unauthorized procurement of diesel.

The 22 foreigners were moved to Puzhal Jail in Chennai.

Vessel operator AdvanFort, a maritime security company based in Washington, confirmed the judge in India had rejected the bail petition for the release of the 35 maritime professionals who have already had two months of confinement with no formal charges.

The company was still awaiting the full reasons for the decision to deny the men Christmas at home.

AdvanFort spokesman Dave Yonkman said: “Today’s ruling is outrageous and an affront to the basic standards of justice in a country that calls itself the largest democracy in the world.”

He said the “mystifying investigation” by Indian authorities has dragged on for two months already while AdvanFort’s seamen and maritime security contractors continued to languish in despicable and barbaric conditions.

“Throughout their careers and this ordeal, these men have admirably adhered to the highest standards of professional conduct and integrity. AdvanFort thanks their loved ones for their patience and understanding as we now redouble our efforts in continuing to work around-the-clock, 24/7 to secure their release.”

He added that nine lawyers were now working to secure the men’s release.

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