The captain and first officer of a Venezuelan-linked oil tanker captured by US forces have left UK waters, a court has heard, after issuing an order seeking to prevent their removal.
The Marinera, a Russian-flagged vessel previously known as Bella 1, has been in UK waters in the Moray Firth in recent days after being seized as it travelled through the waters between Iceland and Scotland.
Lawyers acting for Natia Dzadzama, the wife of the vessel’s captain Avtandil Kalandadze, on Monday lodged a petition with the Court of Session in Edinburgh seeking an emergency order to prevent the ship and those on board being removed from the jurisdiction of the Scottish court.
In a late night hearing on Monday, Lord Young granted an interim interdict prohibiting the Advocate General for Scotland, the Lord Advocate and Scottish ministers – or anyone acting on their behalf – from removing the Marinera’s captain and crew from the territorial jurisdiction of the court.
However at a hearing on Tuesday, Lord Young recalled the order, having heard the captain and first officer have already left UK waters.
Solicitor General Ruth Charteris KC, representing the Lord Advocate and Scottish ministers, told the court: “The captain and the first officer are now aboard the US Coastguard vessel Munro and have departed the United Kingdom’s territorial sea.
“This was thought to be the position last night although I entirely appreciate the information before your Lordship was not certain, however we received an email from the Department of Justice at 3.04am this morning confirming that that is absolutely the position, so in short they are no longer within the territorial jurisdiction of this court.”
The court, sitting virtually, heard the 26 crew members have left the ship and been processed at the Army reserve centre in Inverness.
Ms Charteris said, according to Police Scotland, none of them have claimed asylum.
Five of them wish to travel to the US and 21 want to travel elsewhere, the court heard.
Ms Charteris said the group were staying at a hotel in Elgin, Moray, on Monday night and “it is hoped that they can proceed with their plans to return to their homes”.
Lord Young asked whether their decision to return home is voluntary and Ms Charteris said it is.
The Solicitor General said Scottish ministers and the Lord Advocate have never at any point detained the crew, captain or first officer and have never had them in their control, and that no individual has been arrested or detained by any Scottish authority.
She said the Lord Advocate received a request for mutual legal assistance issued by US authorities on January 16, which was granted by the Lord Advocate subject to specific assurances and conditions to ensure the safety and wellbeing of the crew.
She said it was a key requirement of this that all 28 were to be brought ashore to Scotland.
However she said the request for mutual legal assistance was withdrawn on Sunday and confirmed in writing on Monday, meaning there was nothing the Lord Advocate or Scottish ministers could do about the situation.
She urged Lord Young to withdraw the interim interdict and said: “It was confirmed this morning in relation to the captain and first officer that they were now on board a US Coastguard vessel which had departed UK’s territorial waters.
“In these circumstances, in my respectful submission, it is now clear that the interim interdict should be lifted from at least the Lord Advocate and Scottish ministers, it being wholly unnecessary, and unfairly casting a shadow over the office of Lord Advocate and Scottish ministers in a situation where they simply cannot act.”
Chris Pirie KC, representing the Advocate General, said the UK Government does not oppose the Solicitor General’s motion for the interim interdict to be recalled and the order ought not to stand in the way of the crew leaving voluntarily.
Clare Mitchell KC, representing Ms Dzadzama, said the situation is “highly unsatisfactory”.
She said: “The very thing we were concerned about, which was the captain and first officer remaining here under the protection of our authorities and our court, has now been taken out of our hands by them having been removed.”
Commenting after the hearing, Aamer Anwar, solicitor acting on behalf of Ms Dzadzama, said: “The timing of these removals is particularly troubling. They occurred at the same time as a hearing at which the court considered the extent to which a foreign state might claim immunity from interim interdict.
“That immunity is not absolute, a position supported by Supreme Court authority and relied upon in submissions lodged with the court.”
Lord Young agreed to recall the interim interdict for all three respondents, namely the Advocate General for Scotland, the Lord Advocate and Scottish ministers.
Injunction is bid to ‘control’ Flatley’s role in Lord Of The Dance, court told
Wife of seized tanker’s captain wants judicial review of ‘unlawful’ detention
Sarwar urges hospitals inquiry to call Swinney and Sturgeon to give evidence
No talk of indyref2 for at least 10 years, says Reform Scotland leader
