(MENAFN- Khaleej Times) A division bench headed by H.
Trivandrum: The Supreme Court on Tuesday declined the pleas of two Italian marines accused of killing two Indian fishermen off Kerala coast to relax their bail conditions.
Massimiliano Latorre who was allowed to go to Italy on September 12 2014 for four months for treatment for a brain stroke sought permission to stay back in his country for two more months for heart surgery while his fellow marine Salvattore Girone wanted to spend the Christmas with his family in Italy.
A division bench headed by H.L. Dattu rejected both the pleas with the observation that the Indian victims also had their rights. The court said neither investigations have been complete nor a chargesheet was filed before the court in the case. The yardstick for justice should be the same for everyone and “the system should work” the court noted.
The two who were part of a six-member security detail of oil tanker Enrica Lexie from Italian Navy were arrested by the Kerala police on February 15 2012 on the charge of shooting to death two fishermen Ajesh Binki and Jelastine. The duo had claimed that they had opened the fire mistaking the fishermen to be pirates.
The case was taken away from Kerala police and given to the National Investigation Agency (NIA) as per an apex court order in January 2013 on a petition filed by the Italian government challenging the Indian jurisdiction to try the marines. The two marines on bail were subsequently shifted to Delhi.
Latorre who was scheduled to return on January 16 on completion of four months time granted to him for his treatment sought the two-month extension citing that he was due for a heart surgery on January 8.
Girone on the other hand cited psychological impact of his absence on his children for going to Italy for the Christmas. His application stated that medical experts had concluded that his son and daughter have been suffering from post-traumatic stress syndrome due to their father’s detention in India.
The application said that the experts had found that the children believed that they may never see their father again as he may be given the death penalty as a result of criminal prosecution.
The experts were of the opinion that it was likely that the stress if untreated may lead to devastating effects on the psychological condition of the children.
The government had opposed Girone’s application as the marines who were allowed to go to Italy in 2013 for the Christmas had failed to return. It was only after the apex court made stern observations against Ambassador Daniel Mancini that they returned.
The government had not taken a strong stand against Latorre’s plea but the court felt that the two month’s extension would delay the trial in the case. The bench therefore rejected the plea.
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