The captain and first officer of a Venezuelan-linked oil tanker captured by American forces have been taken out of UK territory by the US Coast Guard, a court has been told.
The Russian-flagged Marinera, previously known as Bella 1, was seized on 7 January off the coast of Iceland and moved to the Moray Firth in the Scottish Highlands.
On Monday, lawyers acting for Natia Dzadzama, wife of the vessel’s captain Avtandil Kalandadze, 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, 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 captain and the crew of the Marinera from the territorial jurisdiction of the court.
However, Lord Young recalled the order on Tuesday, having heard the captain and first officer had already left UK waters.
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Solicitor General Ruth Charteris KC, representing Lord Advocate Dorothy Bain KC and Scottish ministers, told the court: “The captain and the first officer are now aboard the US Coast Guard 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.
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“However, we received an email from the Department of Justice at 3.04 this morning confirming that that is absolutely the position, so in short they are no longer within the territorial jurisdiction of this court.”
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The court, sitting virtually, heard how the remaining 26 crew members have left the ship and have been processed at the army reserve centre in Inverness.
Ms Charteris said, according to Police Scotland, none of them have claimed asylum.
Five 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, and “it is hoped that they can proceed with their plans to return to their homes”.
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 Lord Advocate Ms Bain received a request for mutual legal assistance issued by US authorities on 16 January, which was granted 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, the request for mutual legal assistance was withdrawn on Sunday and confirmed in writing the following day, meaning there was nothing the Lord Advocate or Scottish ministers could do about the situation.
Ms Charteris urged Lord Young to withdraw the interim interdict, saying: “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 did not oppose the motion for the interim interdict to be recalled, adding the order ought not to stand in the way of the crew leaving voluntarily.
Clare Mitchell KC, representing Ms Dzadzama, branded the situation “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.”
Lord Young agreed to recall the interim interdict for all three respondents, namely the Advocate General for Scotland, the Lord Advocate and Scottish ministers.
