NEW DELHI, Sept 5: India has sought immediate appearance of four Italian marines before NIA for questioning in the Kerala fishermen killing case, saying their reluctance to come is only delaying the trial and jeopardising the future of two of their accused colleagues now lodged here.
Concerned over the refusal of the four marines to come here to depose as witnesses, New Delhi has told Rome to send them immediately.
The four marines, who were summoned by the National Investigation Agency, were onboard Italian vessel ‘Enrica Lexie’ and were present at the scene when their colleagues Massimiliano Latorre and Salvatore Girone allegedly shot dead two Indian fishermen on February 15, 2012.
They conveyed that they were not ready to come to India for deposition as witness following summons from the NIA, which is probing the case, official sources said.
The witnesses, however, said they were ready for appearance through video conferencing, face a team of NIA if it visits Italy or even reply to the investigators if they send them written questions.
However, none of the proposals was acceptable to the NIA investigators as Italy was bound to cooperate with India according to an agreement between Rome and New Delhi.
As of now the Home Ministry and the NIA are evaluating various options but the over riding view is that the four marines as witnesses must come back to testify in the trial.
The refusal of the Italian witnesses to come to India is bound to delay the trial against the two Italian marines, who have been at the Italian Embassy here since their arrival following a diplomatic dust-up.
Italy had initially gone back on its promise to return the two marines so that they can stand trial in India but later relented.
The two have been slapped with murder charges for gunning down fishermen Ajesh Binki and Jelestine.
NIA has questioned and recorded the statements of 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 the national capital saying Kerala Police have no jurisdiction over the case and backed the government’s decision to hand over the case to NIA.
Italy had claimed since the incident had taken place in international waters, Indian courts have no jurisdiction to conduct the trial.
However, the Supreme 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 state 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.
External Affairs Minister Salman Khurshid had said in Parliament that the case will not attract death penalty as it was not a rarest of rare case.
In May, Italy had appointed Deputy Foreign Minister Staffan de Mistura as Special Envoy to work out a fair and balanced outcome of the matter.
India has already conveyed its intent to work out a balanced approach. (PTI)
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