Court rules arrest of fishing company directors unlawful

Mario and Andrew Azzopardi, directors of Hannibal Fishing Ltd were amongst five people arraigned on breaches of shipping regulations this morning.

A defence lawyer has criticised the police for arresting five men over a number of technical infringements of fishing regulations.

In two separate arraignments, three company directors and two fishing boat captains have appeared under arrest in court earlier today, charged with a number of regulatory breaches.

In the first, Inspectors Darryl Borg and Jeffrey Scicluna charged D Holdings Ltd's company director David Debono and the Egyptian captain of the Maltese-flagged fishing vessel Rosnik, Ahmed Said Abdellativ Mohammed Hemdia Elsakka with allowing the vessel to be commanded by a captain who lacked the necessary authorisation, giving false information to the authorities and failing to ensure the vessel had the correct markings. Elsakka was also charged with delaying the authorities by not lowering an embarkation ladder fast enough.

Defence lawyer Roberto Montalto informed the court that the men would be pleading not guilty to the charges. He requested the release of the vessel. “The charges include the size of the markings and the delay in providing a ladder to inspectors,” he said, adding that they were not grounds for the detention of a vessel.

The vessel belonged to a Maltese company, lawyer Joe Giglio, defence counsel to the second crew arraigned, added. “We are talking about a maximum fine of some €3000...the law doesn't say that the vessel should necessarily be held. The law says that it is up to the court that will decide the case to grant bail and this case has that jurisdiction. This case starts and ends in this court, this is a different matter. This aside from my reservations about the arrest – these men have been running around for several days.”

“I don't see why we should also go through the rigmarole of waiting for the case to be assigned to a magistrate and so on for a pecuniary fine.”

The court granted the men bail, against a deposit of €500 and a personal guarantee of €5000, also ordering them to deposit their passport and ID card in court.

Giglio was appearing for Mario Azzopardi, Anthony Azzopardi, directors of Hannibal Fishing Ltd and Mohamed Fathalla Tawfik Elnaggar, captain of the Maltese-flagged Hannibal 1, who were arraigned on similar charges to those levelled at the Rosnik.

Giglio contested the validity of the arrest. Under oath, Inspector Borg confirmed that he had charged the men on the strength of a letter sent by the fisheries department to the Valletta police station on the 17th August. He had not questioned the men, he said.

“Why were they arraigned under arrest today?” Giglio asked. “One is Egyptian and could leave Malta. Also because the vessel is detained by fisheries department, to avoid unnecessary delays and expenses,” replied the police inspector.

“From the 17th August to date, when the letter was sent, you had no fear that the Egyptian captain would try to leave the islands. Why arrest them?” repeated the lawyer.

Inspector Borg replied that this was due to the presence of foreign citizens amongst the accused. Unless sufficient ties to the island are demonstrated, foreign nationals are often viewed by the authorities as more likely to abscond.

Giglio pointed out that there were two other, Maltese men, amongst those arrested. “There is no justification for the arrest of the Maltese men and the court should order their release...I should not go further with regards to the arrest of the foreign man. The less said, the better. These are not arrestable offences,” scoffed the lawyer.

Agreeing with the defence, the court held that the arrest of Mario and Andrew Azzopardi was not justified and ordered their immediate release. With regards the Egyptian captain, however, the arrest was justified, the magistrate held.

The court granted Elnaggar bail against a deposit of €500 and a personal guarantee of €5000. He was also ordered to surrender his travel documents.