In the interim order passed on a petition filed by Dora Valentine, widow of Valentine alias Jelestine (48) killed in the gunfire from aboard the ship, praying not to release the ship till the payment of compensation, the court said the ship could leave Indian coast if the bank guarantee was submitted and if the agencies probing the murders had no objection.
However, the petitioner said that the amount for which bank guarantee was sought by the court was insufficient considering international norms on compensation in such events. Counsel for Dora Valentine said they would approach a division bench of High Court against Wednesday’s ruling. She had demanded `1 crore as compensation.
Enrica Lexie, which had been berthed at the oil tanker terminal of the Kochi harbor since February 17, was moved to outer anchorage the other day. The police had got a warrant to search the vessel for finding the gun from which the shots that killed the fishermen were fired. The vessel was presently under the observation of the Indian Coast Guard.
In a letter to Chief Minister Oommen Chandy on Wednesday, Dora Valentine expressed apprehensions at the move to release the ship. She said there was a possibility of the probe into the killings getting derailed. Dora requested the Chief Minister to ensure re-presentation of the FIR after correcting the serious errors contained in it.
Naples-based Dolphin Tanker Srl, owners of Enrica Lexie, however, argued that no Kerala court had the authority to look into the matter as the incident had not taken place - according to their claim - in Indian waters. They also said that the compensation sought by Dora was a huge amount which the company was not liable to pay.
Valentine of Muthakkara, Kollam and Ajesh Binku (25) of Kulachal, Tamil Nadu, who were aboard fishing boat St Antony, were killed in shooting by two Italian Marines from aboard Enrica Lexie off Kollam coast. The Marines, Latore Massimiliano and Salvatore Girone, were arrested on Sunday and a court on Monday remanded them in judicial custody till March 5.
A petition was filed in the High Court on Wednesday on behalf of Massimiliano and Girone seeking invalidation of the Kerala Police’s FIR against them on the ground that Indian laws were not applicable in their case for several reasons.
The petition, filed through a senior high court lawyer, also said that one of the two accused in the case — Massimiliano — was a very senior officer (Chief Master Sergeant) of the Italian Navy and putting such an officer to trial in India could
affect the diplomatic relations and agreements between the two countries.
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