A new statement by UK prosecutors has raised questions over why special forces stormed a Navios tanker in a reported hijacking incident off the Isle of Wight in October.
The UK's Crown Prosecution Service (CPS) said recently that it was not pressing ahead with court action potentially involving seven stowaways on the Navios Maritime Acquisition-owned 75,000-dwt Nave Andromeda (built 2011).
The incident resulted in significant international media coverage after the UK Special Boat Service (SBS) conducted a night-time boarding to regain control.
The CPS said only that new evidence had come to light, prompting the UK Home Office to criticise the decision to abandon the prosecution.
This in turn led to chief crown prosecutor for Wessex, Joanne Jakymec, to issue a further statement saying the CPS had found no actual evidence of any threats, intimidation or violence towards the crew.
"Initial accounts had suggested the crew had been threatened by the suspects, but when they were formally interviewed, members of the crew said they had not been endangered or threatened," she said.
Jakymec added that evidence also included mobile phone footage and maritime expert evidence.
Phone footage checked
"While initial reports had indicated there was a risk of destruction or serious damage to the ship and risk of harm to the crew, additional mobile phone footage made available to us by the police subsequently, together with further expert analysis of the evidence, cast doubt on whether the ship or the crew were in fact put in danger," she said.
6 October 2020
The Nave Andromeda leaves Lagos, Nigeria.
26 October 2020
Reports emerge that UK police has learned of a stowaway incident on the Nave Andromeda. The master reportedly tells authorities that he is worried for the crew's safety because of the "increasingly hostile behaviour" of the stowaways. UK special forces storm the vessel.
26 December 2020
Two of the seven stowaways appear in court on charges of conduct endangering ships.
8 January 2021
Charges against the two men are dropped.
UK charity Human Rights At Sea (HRAS) said the incident had raised more questions as to the level of the owner's, manager's and legal representatives' knowledge of the stowaways and their actual behaviour onboard.
"Noting the threat to a vessel’s security and crew well-being in such incidents, the automatic demonising of stowaways as criminals intent on violent behaviours and being likened to pirates requires further addressing within the shipping and welfare community to ensure a balanced approach to the issue," the charity said.
"The equivalent would be the likening of economic African migrants rescued in the Central Mediterranean as all being violent extremists ... which plays into the hands of those with xenophobic intentions."
The Navios Group, whose Navios Tankers Management operates the Nave Andromeda, has been contacted for comment.
The vessel left Lagos, Nigeria, on 6 October for Southampton, before passing through French and Spanish jurisdictions, both of which appear to have denied disembarking the seven stowaways, according to HRAS.
Government 'disappointed'
After the CPS dropped the case, the UK Home Office had said it is "disappointed" by the decision.
"It is frustrating that there will be no prosecution in relation to this very serious incident and the British people will struggle to understand how this can be the case," the ministry said.
"The Home Office is working with the CPS urgently to resolve the issues raised by this case."
The ministry said the immigration cases will be dealt with as quickly as possible.
"Removal action will be pursued against anyone who has no right to remain in the UK,” the Home Office said.
Stowaways Matthew Okorie, 25, and Sunday Sylvester, 22, were charged with conduct endangering ships in December. These charges were dropped.
Hampshire Constabulary — the police force responsible for the region where the incident took place — said the five other men, who were arrested on suspicion of seizing or exercising control of a ship by use of threats or force, also face no police action.
However, they were to remain detained under immigration regulations.
Court date cancelled
Okorie and Sylvester had been due to appear in court again on 29 January. They did not enter a plea when they appeared at Southampton Magistrates' Court in December.
The alleged hijackers were said to have gained control of the ship after it arrived in UK waters but, following a 10-hour standoff, the situation was resolved when the special forces dramatically regained control in just nine minutes.
None of the 22 crew members on board were harmed during the incident.
At the time of the incident, Navios Tanker Management said the ship’s master had acted with "exemplary response and calmness".
The company praised crew members for their “fortitude in a difficult situation”.
