Italy refuses to send four marines as witnesses

Once again taking a confrontational approach, Italy has refused to send four marines to depose in the case against two of their colleagues who are accused of killing two fishermen off the Kerala coast. Rome’s move is likely to delay the trial of the murders which took place on February 15 last year.

The four marines were summoned by the National Investigation Agency (NIA) as they were on board the Italian vessel Enrica Lexie and witnessed their colleagues Massimiliano Latorre and Salvatore Girone allegedly shoot dead fishermen Ajesh Binki and Jelestine, from Kerala. Murder charges have been slapped on the two marines.  This March had witnessed a high-pitched diplomatic battle between countries after Rome initially refused to send back the accused marines, prompting the Supreme Court to restrain the Italian Ambassador from leaving the country.

Later, a compromise was reached and the marines returned to the country to stay at the Italian embassy in New Delhi.

The fresh Italian snub comes at a time when Staffan de Mistura, Italy’s special envoy in the case, had said three days ago that the two marines, who are presently in the Italian Embassy in New Delhi, deserve to be in their country during Christmas and that they will do everything to make this happen.

Italy has told the NIA that the four marines are not ready to come to India, and proposed to the agency that they were ready for appearance either through video conferencing or appearing before an NIA team in their country.  The NIA can also send written questions, to which they would reply, Italy has said.

The Home Ministry and the NIA have rejected the requests and are now seeking legal opinion on how to move forward in the case. Ministry and the agency feel that Italy is bound to cooperate with India as per an agreement between Rome and New Delhi reached in March.  New Delhi also wants that the case be decided as soon as possible. External Affairs Minister Salman Khurshid expressed hope that Italy would accept the legal system in the country and find a solution.

The NIA, which has already exhausted the 60-day deadline to complete investigation in this case, may go ahead and file a charge sheet even if the four witnesses don't depose, despite they being crucial witnesses in this case.