20100122 allaftica
Nairobi — A witness told the court that he saw a document showing a suspected pirate ship was a Kenyan registered vessel.
Lieutenant David Ratner testifying against 17 Somalis charged with piracy also told the court that another document he saw indicated that MV Ishaka was a Puntland registered vessel.
Upon cross examination by defence counsel Mr Donald Muyundo, the witness who is a member of the US Coast Guard told the court that it could be true the vessel was registered in the country then in Puntland.
The witness who was giving evidence before senior resident magistrate Mr Michael Kizito said the ship was registered as a fishing vessel.
He told the court that each suspect apprehended had a separate bag with a tag in which their clothing was kept.
"I could not see any specific reason to seal weapons in the evidence bag," said Mr Ratner adding that Yemen navy took custody of MV Ishaka.
He said he was not party to the decision why the vessel was not brought into the country.
The court heard that the grenade allegedly found on the suspected pirate vessel was poorly maintained and could have exploded hence it was documented and discarded.
Another witness Mr James Powers, a helicopter pilot from the US navy told the court that on May 13 at around 9am he was on a flying surveillance mission and had contact on a vessel along the International Transit Recommended Corridor.
Mr Powers said he saw people on the deck of the vessel which he described as red in colour who appeared to be "hanging out" and that he could not recall if the vessel was in motion.
"I kept surveillance for three hours before retuning to USS Gettysburg, a US naval ship, and downloaded pictures which he took while over the vessel.
The witness told the court that later in the day while on another flying mission he received a distress call from MV Amira saying that they were under attack from pirates who were firing rocket propelled grenades (RPG) at them.
The helicopter pilot who said he had no knowledge if fishing vessels carry firearms told the court he did not witness the attack on MV Amira.
He described the crew on the suspected pirate boat as unfamiliar since they did not acknowledge their presence.
"From the past experience fishermen acknowledge navy vessels and aircrafts by waving their hands," said Mr Powers.
The 17 Somali's allegedly committed piracy against MV Amira on May 13, last year, in the high seas.
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