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Friday, 2 March 2012
Criminal case against marines in Italy
KOCHI: In a bid to persuade
India to hand over
its two arrested marines
charged with murder for
killing two fi shermen, Italy
told the Kerala High Court
on Thursday it has initiated
criminal proceedings
against them under its law
that could lead to a prison
term of not less than 21
years.
The police custody of the
two Italian marines Latore
Massimiliano and Salvatore
Gironi was meanwhile
extended till March 5 by a
Kollam court. The two accused
are in police custody
since February 20.
A communication from the
Deputy Attorney Dr Eliza
Betta Cenicola stating that
as per Article 575 of Italian
Penal code whoever causes
death of a person was punishable
with a prison term of
not less than 21 years was
fi led in the High Court by
counsel for Italian government
and the two marines.
The case has led to a diplomatic
stand-off between India
and Italy.
The police custody of the
two Italian marines Latore
Massimiliano and Salvatore
Gironi was meanwhile
extended till March 5 by a
Kollam court. During the
proceedings in the High
Court, Justice PS Gopinathan
ticked off the Italian
government, pointing out
“serious defects” in its plea
seeking quashing of FIR
against the two marines and
sternly told them it will look
into the petition only after
these are “cured”.
Italian government should
not have an impression that
the Indian Judiciary was so
loose that anyone could fi le
a plea before courts, he said
in the open court.
The judge directed the
Consul General to produce
necessary documentary evidence
to show that the Consulate
has the authorisation
to represent Italian government
in legal proceedings
relating to the killing of the
fi shermen by the marines on
board the cargo ship Enrica
Lexie off the Kerala coast
last month.
The judge even expressed
doubt whether the signature
of one of the accused affi xed
in the affi davit produced before
the court was genuine.
Even though senior counsel
for the petitioners repeatedly
requested the court to
look into the documents, the
court refused and directed
the petitioners to “cure” the
defects. Only after “curing”
the defects, the documents
would be looked into,
the judge held. India maintains
that since the incident
took place within its waters,
the marines must face a trial
as per Indian law. Italy has
said that as members of the
Navy, the marines are entitled
to immunity abroad and
should be tried in their home
country.
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