Three youths charged with piracy in the aftermath of the El Hiblu sea hijack were back in court this morning.
Representatives of the Office of the Attorney General, the AFM and Human Rights organisations were present in magistrate Aaron Bugeja's courtroom as the youths from Guinea and the Ivory Coast appeared in the dock to answer charges of having unlawfully seized control of the ship, which under Maltese law is punishable by a prison sentence of between seven and 30 years in prison.
Lawyers Neil Falzon, Gianluca Cappitta and Malcolm Mifsud entered not guilty pleas for the accused as a number of new charges were added today. They also stand charged with illegal arrest of the crew, changing the course of the vessel and causing the crew to fear violence would be used against them, amongst others.
Inspector Omar Zammit took the witness stand, telling the magistrate that the men were part of a group of migrants rescued at sea by the El Hiblu. When the ship was instructed to reverse its course and return the migrants to Libya, some five individuals had seized control of the vessel.
"We prefer death than having to return to Libya," one of the hijackers is reported to have told the captain.
The inspector confirmed that no physical violence took place during the hijack, but said that the threat of it was clear. One English-speaking migrant told the captain that they would hurt themselves or damage the ship with tools they had seized. Around 20-25 persons then started banging tools on the ship.
"Do you know what's happening in Libya?" asked lawyer Malcolm Mifsud in cross-examination. "From the news, yes" replied the inspector.
No firearms were found on board by the AFM, he confirmed, in reply to another question.
The same military aircraft which told him to rescue the immigrant told him to go to an RV where they were to be taken to Europe on two other boats.
A high ranking officer from AFM said it was notified of a "red ship on a Northern course" in Libyan waters by EUNAVFOR MED. During routine questioning the ship informed the authorities that it had migrants on board and was going to head North. The AFM assigned its KingAir aircraft to overwatch and assist in the operation. The aircraft made contact with the captain of the El Hibru and asked him what his intentions were and was told that he was on course for Valletta and that he could not switch off the engines, repeating this twice. "My vessel under attack, my vessel under piracy. I can't talk anymore…My vessel under piracy now," he then said.
The ship was in Libyan SAR at the time, he said.
"The captain repeated over and over again saying that he was 'under piracy,'" said the witness . The AFM aircraft could also hear Tripoli port calling to the vessel but the ship's captain declared that he was not hearing their communications.
"Situation is very bad, very bad on board. My vessel under piracy. Am going to Malta proceeding to Valletta now"
Before it had to return to base, the AFM aircraft had asked the vessel's master if he is in command of the vessel. "Not in command not in command under pressure," he replied. The AFM aircraft warned the ship that it did not have permission to enter Maltese territorial waters. When this declaration was made, the vessel was about to exit the Libyan SAR area into Malta's SAR – 80 -90 nm from Malta and the same from Libya, he said.
"The Libyan coastguard later informed us that the vessel had suddenly changed course and had been informed that some people had taken command of the vessel - probably against the will of the master of the vessel," said the witness.
The case continues.
The court has prohibited the publication of the names of the accused and the AFM witnesses.
from The Malta Independent http://bit.ly/2KkoUuB
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