COLUMN | No big deal: the fate of officers of the dark tanker fleet (part two of two) [Offshore Accounts]

The cargo of crude oil was valued at more than MYR512 million (US$130 million), according to the MMEA. Given the known risk of pollution from badly maintained and illegally flagged vessels, the Malaysian authorities took the unusual decision to release both tankers at the start of the month. The owners were simply fined the maximum penalty of MYR300,000 (US$76,000) for the unauthorised ship-to-ship transfer.

Like Bellingcat, we should emphasise, of course, that there is no indication that Captain Sharma or IMSAG knowingly issued flags to criminal actors, and we do not know what certificates Bella-1 had on board when she was first hailed by the US Coast Guard off Venezuela on December 20 before she was renamed Marinera.

Since the vessel had no valid flag, which Guyana has confirmed, it will be hard for the master to defend himself on this first charge.

Stop in the name of love!

The second charge alleges that the master failed to obey an order from the US Coast Guard to stop the tanker and allow American forces to board it. This is where the effectively flagless nature of Bella-1, as the ship was then named, comes into play. The US Coast Guard has every right to board “stateless” vessels, those ships without nationality that do not fly a valid flag, or those that fail to claim a valid nationality when asked.

Evading the US Coast Guard for two weeks and refusing to answer the radio whilst being chased with the vessel tracking switched off does not look like an innocent mistake to my untrained eye.

What is happening?

We are not clear where the two officers are now, whether they have legal representation, and in what conditions they are being held, or why. If Mr Raskovskyy is not being charged, then he should be released.

We wrote to the Scottish lawyers acting for Natia Dzadzama, the wife of captain Avtandil Kalandadze, to request an update on his whereabouts and situation, but we did not receive a response.

Due process is needed

You probably believe that Captain Kalandadze has brought this on himself as master of a vessel clearly flying a fake flag, who tried to evade the US Coast Guard in a chase across the Atlantic.

However, America is a country built on law and a constitution. Two ship’s officers should not simply disappear from a vessel in UK waters for nearly a month without being charged by the Department of Justice. If they have done wrong, they should be tried in a public court via a legal process, openly and transparently. If they cannot be charged, then they should be released and allowed to return to their families.

I am pleased Captain Kalandadze has been charged as it provides due process.