Italian marines case: Witnesses questioned by NIA through video links

The NIA has questioned four Italian marines, who were witness to the killing of two fishermen off Kerala coast in 2012, through video conferencing as they appeared in the Indian Embassy in Rome.

The National Investigation Agency investigators had yesterday questioned through video conferencing the four witnesses, who were present on board Italian vessel 'Enrica Lexie' when their colleagues Massimiliano Latorre and Salvatore Girone shot dead two fishermen off Kerala coast on February 15, 2012.

The four marines had arrived in the Indian Embassy in Rome following serving of Letters Rogatory and their statements were recorded by the investigators in the presence of a magistrate in Delhi, a Home Ministry official said.

The questioning of the witnesses through video links was necessitated after their refusal to come to India for deposition and the Home Ministry's reluctance to send any team to Rome to quiz them.

External Affairs Minister Salman Khurshid said government was happy that the main hurdle in the case was over and the NIA can now bring all the facts before the court.

Khurshid said India was desirous that the case concludes as expeditiously as possible within the legal framework of the country.

Notwithstanding India's consistent request to send the witnesses, Italy had made it clear that the four will not go to India to appear before investigators in connection with the case in which two Italian marines are accused.

After Italy's refusal, the Home Ministry had sought the opinion of the Attorney General to suggest the way forward.

With the top law officer advising the government against sending a National Investigation Agency (NIA) team to Italy, the Ministry was left with the only option of questioning the four witnesses through video conferencing.

Latorre and Girone have been slapped with murder charges for gunning down Ajesh Binki and Jelestine.

The NIA has questioned and recorded the statements of the Master of the vessel, Umberto Vittelli, Chief Officer James Mandley Samson, Second Officer Sahil Gupta, Semen Fulbaria Marendra, Kumar Naren and former ordinary seaman Kantamuich Tirumal Rao.

The Supreme Court had shifted the case to Delhi, saying the Kerala Police have no jurisdiction over the case and backed the government's decision to hand over the case to the NIA.

Italy had claimed since the incident had taken place in international waters, Indian courts have no jurisdiction to conduct the trial.

However, the apex court had ruled that the incident took place at a distance of about 20.5 nautical miles from the coastline of Kerala and, therefore, it occurred not within the territorial waters of the coastline of Kerala but within the Contiguous Zone.

The Italian government had in April reversed its earlier decision not to send back to India the two marines who had gone to Italy to cast votes in elections there.

Italy had reneged on its assurance to the Supreme Court on sending back the two marines but later gave in after the Indian government and the apex court took a firm stand with New Delhi warning that ties with Rome could be downgraded.

Khurshid had said in Parliament that the case will not attract death penalty as it did not fall in the rarest of rare category.

India has already conveyed its intent to work out a balanced approach.

Indian investigators in the past had questioned foreign witnesses through video conferencing.

A witness was questioned by CBI through video conferencing in the 1995 urea scam from Indian High Commission in London.