SIT invokes law to nail Italian marines

KOCHI: Taken aback by the Italians’ recent strategy to free themselves from the clutches of law by reaching a compensation settlement with the victims’ kin and the prime witness in the Enrica Lexie case, the Special Investigation Team has unsheathed the final tool in its kitty to nail the marines.
The SIT has invoked the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act 2002 (SUA Act) against the marines. The move gains significance with the Supreme Court set to consider the case on Monday.
Though SIT has decided to invoke the Act, the Centre’s stand will be  crucial to proceed with the charge. The two marines - Massimiliano Latorre and Salvatore Girone - are presently in judicial custody after being charged under section 302 of IPC. Now, the police are invoking Section 3 of the SUA Act.“The SIT filed a report before the Chief Judicial Magistrate Court saying that the SUA Act has been invoked,” investigating officer Sam Christy Daniel told Express.
According to the SIT, the prosecution side will be stronger so as to restrain the accused to flee from the clutches of law. Legal experts think this would be a major breakthrough in the Enrica Lexie case. After invoking the SUA Act, the legal proceedings against the marines will be toughened making it difficult for them to escape from legal hurdles.
“The report has been also sent to the Director-General of Police for further proceedings. The DGP will forward the report to the Union Home Ministry to obtain sanction from the Centre which is essential to institute a prosecution for an offence under the SUA Act. We expect to get the sanction before the given time limit,” sources said.
“This is a crucial development in the Enrica Lexie episode. Charging the marines under IPC and CrPC without invoking either SUA Act 2002 or the empowering provisions under the Admiralty Offences (Colonial) Act, 1849 would lead to a situation where, after a point, the  courts will be compelled to acquit the accused. The SUA Act defines the term ‘ship’ as a floating craft. Thus, both Enrica Lexie and the fishing boat, St Antony, are ships/floating craft and are thereby amenable to the SUA Act,” marine law expert V M Shyam Kumar said.