Ariadne Massa
Maltese company confident of winning Sea Shepherd case
Maltese diver Reuben Silvio who was injured last summer when the Steve Irwin rammed the tuna cages where he was hanging on for dear life.
The Maltese tuna company that took on the Sea Shepherd and filed a civil lawsuit for damages in the English High Court is confident it can win the case.
“I hope justice wins. I’m confident we can win the case, otherwise we wouldn’t have pursued it in court,” Fish and Fish director Joe Caruana told The Sunday Times.
Mr Caruana said he had specifically waited for the tuna season to close before pursuing the case to avoid being accused of having ulterior motives to obstruct the Sea Shepherd’s mission.
The Steve Irwin, the flagship vessel of this non-profit marine wildlife conservation society, is being detained in Scotland – and will only be released against a bond of $1.4 million – after Fish and Fish claimed damages over an incident last summer off the Libyan coast.
In June 2010 the Steve Irwin had rammed the pen owned by Fish and Fish to free the bluefin tuna its crew believed was caught illegally, seriously injuring a Maltese diver in the process.
At the time, Rural Affairs Ministry had defended the fishing operation, insisting all the paperwork was in order, and condemned the attack.
Fish and Fish had estimated that the cost of losing 600 fish, weighing some 35 tons, coupled with the damage caused and the lawsuit, would reach €1 million.
It seems the international conservation society, known for its fearless tactics in defending ocean wildlife on the high seas, has met its match in the form of Fish and Fish.
“Sea Shepherd nearly killed one of my men. It cannot continue behaving this way. My aim is for justice to be done. I wanted to show that we mean business and we will fight our cause,” Mr Caruana said yesterday.
He believes the case should not drag on for longer than a month, especially since he does not need to prove the incident happened. What has to be established is that Fish and Fish’s operations were legal.
“We believe it is legal, but Sea Shepherd is contesting it,” Mr Caruana said.
Captain Paul Watson, the Steve Irwin’s commander, is in the meantime hoping to raise enough money to release the ship, because under English law if the ship is held for more than 30 days it can be seized and sold.
On the organisation’s website, Capt. Watson is on video saying: “I am quite convinced we can win this case because we’ve got incredible evidence and documentation that shows what Fish and Fish was doing with the bluefin tuna was illegal. They were poachers.”
However, Mr Caruana said despite the Sea Shepherd’s appeal in court last Friday, the English judge still did not release the Steve Irwin in the light of all the documentation provided by Fish and Fish. Attempts to contact Capt. Watson for a reaction proved futile.
Mr Caruana said: “It’s not fair of Capt. Watson to tarnish our reputation. I had to do this. We could also not continue working in fear every time the tuna season opens. Capt. Watson has been saying a lot of things.
“If he can prove that what we did is illegal he can provide the evidence in court.”
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Hugh bOYLE
Jul 27th 2011, 18:37
Dave Rideough
It is truly amazing how much information is out there on the Internet. What is more amazing is how selective we can be in using it.
To quote Wikipedia: Captain (nautical) - The captain is in ultimate command of the vessel. How does that apply to Paul?
Lets get the issue of the motor yacht out the way first. The fact that it is registered as a motor yacht is more of a convenient... as if that has not been done before by others!! At least it is not as bad as certain fishing boats changing their identity, illegally to gain access to off-limit fishing stock!!
Moving onto the point of Paul Watson being called a Captain. Paul has over four decades of experience at sea, and more than two decades as Captain of the Sea Shepherd Conservation Society voyages.
His career in ships started in 1968 in the Norwegian Merchant Marine. His early voyages provided him with experience on all the world's oceans, from typhoons in the South China Sea to navigating the iceberg-strewn northern latitudes of the Atlantic. He served in the Canadian Coast Guard for two years in the early seventies. Between 1971 and 1977, Paul Watson served as First Officer on all the Greenpeace voyages to protect whales. In 1977 he leave Greenpeace and formed Sea Shepherd Conservation Society
Under the Sea Shepherd Conservation Society, Paul Watson has commanded well over 220 voyages between 1997 and 2010 and commanded the Steve Irwin since 2007.
Whatever you may feel, it is quite clear from his history that he is qualified and knows how to captain a small ship or motor yacht as you put it. He may operate outside the realms of acceptable behavior, but that still does not detract from his abilities as a Captain of a vessel.
Trying to belittle Paul Watson in the fashion that you did without fully consulting the information on the Internet does not help your argument.
Dave Rideough
Jul 27th 2011, 06:59
It’s worth noting that the Steve Irwin is registered as a motor yacht and Watson possesses very few qualifications as a seaman. What I mean to say by these two tidbits, is that he isn’t a “Captain” in any meaningful sense of the word. It’s amazing how much information about and from Sea Shepherd is just totally false when you actually hold it up to scrutiny.
Jamie McCroskey
Jul 27th 2011, 01:50
Joseph Farrugia
You ASSume too much about me. I have the video from the boat and it's quite clear that the steve irwin was in the cage before the tug collided with it. You have ears right? listen, simple really. The men with the hook were from Greenpeace. Apples and terrorists. "Young man" not either of those, do try and cut down on assuming things, you know what they say. Here is the video: http://www.liveleak.com/view?i=721_1277206273
Hugh bOYLE
Jul 24th 2011, 21:09
For all the damming of Sea Shepard and on the Internet I see, it seems to be nothing compared to the questionable antic of the Maltese Fishing Industry. I was not a supporter of Sea Shepard until I hear about the SI. On doing a bit of independent research on the Internet, I was soon able to build up a picture of both sides of the story. Seems like Sea Shepard fight fire with fire where governments fail their responsibilities or look the other way. Also, as any half-educated person should know, the legal system can and is abused every day. More a case of living in a glass house and throwing stones. Well thanks to the antics and dirty tricks of Fish and Fish and similar, I am now behind Sea Shepard in their cause and donating hard cash to back them up. We do need laws, but as history as demonstrated, quoting the rule of law (sometimes badly implemented by man!) as being sufficient response in all situations, against questionable actions has also failed to save thousand of human lives let alone protect our precious wildlife. Sometimes we need to step outside the realms of what is an imperfect system because we as a species are imperfect!!
Jamie McCroskey
Jul 25th 2011, 02:34
If you want to support sea shepherd, fine, be ready to pay for his crimes often. The only reason Watson attacked these people was because they were away from other boats that would have tried to protect their fellow man. Watson is a coward, if he was right in his actions why did he leave with great speed to get away from the authorities that could have checked all the required documents for Fish & Fish on the spot? Innocent people don't run when help comes. You also might want to spell 'shepherd' correctly in the future. Save our resources, fine, attack and hospitalize two men that never caught a fish, NO. The sea shepherds rammed that cage with two men on it in plain view, total disregard for human life and you think they care about fish? please.
Joseph Farrugia
Jul 25th 2011, 14:39
Jamie;
I know you are irreparably brainwashed into gulping down every "official" version that slams the Sea Shepherd's eco-saving efforts;
but do you ___have___ to distort facts beyond recognition every time you do so? Short of calling you a poker-faced liar; I prefer to think you have no idea on what is going on;
& did no research** whatsoever.........in that case why are you still blabbering out ?
You might want to check your punctuation before correcting other people's typographical errors; that behaviour of yours has no bearing to the discussion at hand so is necessarily an ad hominem attack; as are all your posts.
Therefore….drink some of your own medicine, young man.
*** if you had done some research; for example examining the video that the fishermen themselves posted; you would see that they purposefully rammed the Sea Shepherd ship, putting the life of their very men in danger. Not "collided", but purposefully driving into the Sea Shepherd's ship. With a bit of research you would have seen fishermen attempting to hook (yes, "hook") Sea Shepherd activists, etc etc.
Dave Rideough
Jul 27th 2011, 07:04
Wow, gotta love that logic, Joseph.
Sea Shepherd ramming a Fish & Fish pen with employees still working on it is perfectly fine, but Fish & Fish running into them is reckless and deadly.
I’m sorry, who’s the brainwashed one again?
Dave Rideough
Jul 27th 2011, 10:07
Also, for the record, Joseph, the Fish & Fish ship only collided with the Sea Shepherd ship AFTER the Sea Shepherd ship had already rammed the tuna pen. F&F’s video evidence bears this out.
Hugh bOYLE
Jul 27th 2011, 18:58
Jamie McCroskey
Having to ridicule another poster on a spelling mistake really sums it up. Could you post not stand up on it's own merits.
Joseph Farrugia
To quote you 'Short of calling you a poker-faced liar; Is this another example of a post ont being able to stand on it's own without making derogatory accusations.
To quote myself 'Seems like Sea Shepard fight fire with fire where governments fail their responsibilities or look the other way. '. The fact is neither party is fully innocent and if nothing untoward was going on, Sea Shepherd would have not been there in the first place.
'Where there's smoke, there's fire.'
Mr Steve Sant
Jul 24th 2011, 18:22
If you believe it you must be involved in the millions these fisheries make (and please don't tell me its to sustain 16 people wages) whilst our children are deprived of what god gave us. I have stopped buying these Tuna products a long time ago, and if you truly believe in keeping the Tuna alive and well for our children, boycott TUNA and every industry that supports it.
Mr Eric Soames
Jul 24th 2011, 19:15
'Tuna alive and well for our children': For them to do what with pray tell?
Colin Stanley
Jul 24th 2011, 21:39
OH is this going to be another bussiness venture for you maybe hiring out boats to take children in the open sea to swim with tuna.
Mr Victor Laiviera
Jul 24th 2011, 14:05
I have no idea what the legal position is, but morally an ethically, the Sea Shepherd is in the right in its fight to save what little is left of our natural heritage from corporate greed.
Mr Johnny Xerri
Jul 24th 2011, 14:31
so its morally and ethically right to endanger people simply because you believe that your cause is right!!!!
So in your books everybody who fights (legally or otherwise) on the 'good' side is morally and ethically right?
Jezz how warped and self centred can one get!!!
D Borg
Jul 24th 2011, 19:09
Sea Shepherd are not putting themselves at the forefront to 'protect their hobby'......
being labelled self-centred by some, is truly rich!
Mr Johnny Xerri
Jul 24th 2011, 13:44
What real but really surprises me is that some fools actually believe that they can take the law into their won hands.
That tuna was caught to be farmed...so its not a case that the Sea Shepherd crew were in a situation in which every minute counts. They could have easily filed a law suit, supervised the tuna and awaited the normalegal proceedures. If they realy have "incredible evidence" they needed not worry.
I suspect that what they did was try their luck, and free the tuna...instead of going throught the legal channels since they had no proof it was an illegal catch. If Fish & Fish had found the lawsuit too expensive they would have won...and now that Fish & Fish have indeed filed a lawsuit they still have won because they gained publicity, and donations.
The end does not justify the means...
For example I may be against durgs...the country is inefficient at removeing them from our streets...can I for example set up a gang and just kill any dealer I find?
I may be against prostitution due to STD's...so can I just inprison them or kill them?
I may be against development in the villages outskirts...so can I just go and demolish any countryside building I find?
No doubt that Malta would be better off without drugs, prostitution, and countryside buildings...but still I cannot just deal with these situtions as though I'm the next best salvation army commander since Jesus came on Earth....
I hope that Sea Shepherd crew and kapitano get locked up for good for attempted murder and for illegal harm of private property.
I also hope that people who donate to these extrimists (who are in reality simply providing a job for themselves) get prosecuted for funding a terrorist gang.
S. Camilleri
Jul 24th 2011, 16:23
If they filed any legal procedure ... at the way the legal system works in Malta ... the tuna would have become sushi by the time anything could be done. Hope Sea Shepherd wins this case.
Joseph Farrugia
Jul 24th 2011, 18:45
It amazes me how many fools believe that "the law" (whatever that means in this context in their petty little mind) is a perfect system that intervenes not only on time; but flies over to the middle of the open seas to protect marine wildlife from ruthle$$ extermination.
These same fools even think "the law" is servant towards itself; theses same fools imagine "the law" (again, whatever that means in THIS context & international waters in their pea-brained imagination) being the Ultimate & Unchanging Perfect truth, surpassing issues of ecosystem conservation.
Thank goodness the courts involved don't take Mr. Silvio's dubious claims at face value
(take a look at the videos posted on the web by both parties; see the Maltese boat ramming the Sea Shepherd into the pen; even the one posted by Maltese fishermen is so damning to their cause);
& that these same courts & relevant authorities are as gullible as the fools perpetrating the abusive (not ALL of the industry) fishing industry's agenda ad nauseam like the brainwashed sheep they are.
Laurence grech
Jul 24th 2011, 12:54
I really hope you win this.. would be sooo awesome to see the lookk on watsons face when his program gets canceled xD
Mr John Azzopoardi
Jul 24th 2011, 12:45
The sea shepard is acting against international law and has no business in interfering in foreign countries rights. It's really up to the governments, and that includes the Maltese government to control these type of situations. A foreign ship should not have the right o interfere with maltese doing their job. Period. The sea shepard is acting more like pirate ship than anything else. Anyone will tell you that.
Mr C Cassar
Jul 24th 2011, 15:56
The companies running the Tuna ranches are the ones acting like pirates. The Tuna in the open sea aren't theirs either. They round them up against their will, incarcerate them and then sell them to the Japanese. If that isn't socially unacceptable then I don't know what is.
Still, at least there's now a huge down turn in demand from Japan after their crisis earlier this year (a blessing in disguise for the Tuna).
Mr Joseph Calleja
Jul 24th 2011, 17:00
I tend to fully agree with you. The Sea Shepherd new the risks and they paid the price. Nobody made the Sea Shepherd judge and jury and they have to accept the consequences involved.
Mr John Azzopoardi
Jul 24th 2011, 19:20
Mr. CAssar, you need to educate yourself in democracy and rule of law. You mention Tunisia and Egypt fighitng dictators. Well, in Malta we are a democarcy. I don't know where you are living, but national countries like Malta still have to protect themselves and their people. THe EU does not have a nationla army, except Nato. But your argument is very week, as the Sea Shepard is breaking international law and are acting like a bunch of pirates and renegades. Ant that mr Cassar is why they have no case or a weak case. You cannot come into international waters and act if you are ruling the mediterranean waters.
Jason Borg
Jul 24th 2011, 20:51
In reply to Mr John Azzopøardi : Maybe you need Pirates to fight Pirates?
BTW Bluefin tuna is not a Maltese fish.
Mr John Azzopoardi
Jul 25th 2011, 00:36
Jason, bluefin tuna is not a maltese fish. Go back to the reading books, study what makes a nation and it's laws and then maybe you will learn a thing or two. The countries of the world are responsible for what goes on in their territorial waters, not some illegal pirate or NGO vessel.
Mr C Cassar
Jul 24th 2011, 12:36
So, if those in Tunisia and Egypt didn't take their 'illegal' actions they would still be ruled by corrupt dictators.
When a situation gets desperate and the legal process takes so long that the whole point of taking that legal action ceases to exist in the near term (in this case the death of Tuna stocks) then action must be taken.
Thank God there are people who will take these risks in order toprotect what natural environment is left from the those who are greedy enough only to see these natural resources as a way of making quick money.
They have my full support and I know that myself and many of my colleagues in Malta refuse to do buy any products from Maltese companies involved in Tuna ranching or any kind of fish farming. I suggest that many more Maltese do the same otherwise they are contributing to the wiping out of their local coastal areas and future tourism to Malta.
Mr Edward Camilleri
Jul 24th 2011, 14:18
You couldn't have explained the problem better Mr Cassar. I too give my full support to Dr. Watson and his team. They are doing sterling work by uncovering illicit activities.
The tuna mentioned were caught 1 week after the closing of the season and Mr. Caruana is playing stupid by saying that “We believe it is legal, but Sea Shepherd is contesting it,". You either have cought the tuna in season or not. Its not a question of believe.
All those defending Fish and Fish below, have either a selfish interest in the fishing activity, or otherwise should not protect an unsustainable fishing activity. Even if they have an interest, they should realise that with the current trends, tuna like other treatened fish, is not infinite.
Mr Johnny Xerri
Jul 24th 2011, 17:45
Edward Camilleri & C Cassar,
What you (C Cassar) explained Camilleri approved is totally uncomparable...dictatorship is unacceptable by all countries....fishing is accpetable by all countries...laws exist that are legislated by the governments that represent the majority of people...if you don't like those laws most likely you are in a minority and even more likely is that if you impose your will thorugh illegal action...well basically you would be nothing more than an intolleant person or a dictator who imposes things on others.
Once again I ask you...do I have the right to kill a surgeon who commits abortions? Or the right to demolisg houses that are in the country side?
After all babies should not be killed...and less houses in the countrysid would improve the environment and wildlife...so can I justify killing the surgeon and demolishing the houses both illegal measures on the basis that I am saving life and the environment?
David Caruana
Jul 24th 2011, 12:24
May justice be served, indeed
Jason Borg
Jul 24th 2011, 12:22
We should keep on talking right ? While Fish & Fish keep making more money. We have our government to protect our sea.
http://m.youtube.com/index?desktop_uri=%2F&gl=US#/watch?v=gtBPzTe64Jc
Mr Joseph N. Attard
Jul 24th 2011, 11:58
Watching TV, I am always astounded at the seemingly illegal exploits of Mr. Watson's organization. How can cutting in front of a fishing trawler on the high seas and provoking collisions ever be legal? How can scraping the side of a fishing trawler and throwing beer bottles or paint tubs at the crew ever be legal? Not only are the Sea Sheperd captain and crew never arrested for what to me looks like high seas piracy, but their exploits are shown in a favourable light by the programme producers. If all that is legal, then perhaps the Somali pirates have a point. All Maltese should be showing their support to Mr Caruana. Those who hide behind the pretext of protecting fish on the brink of extinction should think again about what would happen in this world if anyone who does not agree with anything takes the law into his own hands.
Anthony Connolly
Jul 24th 2011, 13:08
All Maltese should be showing their support to Mr Caruana.
Whilst agreeing with most of Mr Attard's Comments I have to add that this is not a case for the Maltese, It is a case that should be shared by fair minded people of every nation. I do believe that in many countries it is now a minority running the nation because the Majority don't use their voices,This happens for many reasons. They don't know how to. They are worried about any backlash and the Worst reason is those that just can't be bothered. I do wish Mr Caruna all the very best and hope to hear some positive news in the very near future
Ivan Zammit
Jul 24th 2011, 11:18
Good luck Fish and Fish. That is not the way to protect Tuna.
D Borg
Jul 24th 2011, 12:23
care to illuminate everyone, how you propose to effectively protect tuna?
Savio Sacco
Jul 24th 2011, 11:09
"On the organisation’s website, Capt. Watson is on video saying: “I am quite convinced we can win this case because we’ve got incredible evidence and documentation that shows what Fish and Fish was doing with the bluefin tuna was illegal. They were poachers.”"
Well, you heard it from the horses mouth - "Incredible Evidence".
J. Scicluna
Jul 24th 2011, 10:31
Thumbs up to Joe Caruana.
If, as he states, his operation was legal then the Sea Shepherd's attack was illegal.
It was about time that someone had the guts to stop those who, not only cause damages but also place human lives at risk; both the fishermen's as well as their own crews.
Andre Grech
Jul 24th 2011, 11:44
Dear J.Sicluna infact all activties of the Sea Shepered are illegal because they have no permision to do these things and no authority....
Mr Eric Soames
Jul 24th 2011, 10:25
Typical of these 'protectionists', a disregard for human life as they self righteously take the law into their own hands. They deserve to be hit with a much larger lawsuit for injuring that diver and endangering his life. Hopefully losing the ship would make them think twice in the future.
D Borg
Jul 24th 2011, 12:26
Typical of these 'protectionists' a disregard for human life ......
having someone putting him/herself in danger to take an effective stand to protect a fish - speaks millions about such person altruism, and respect for life - including that of fellow humans!
Mr Eric Soames
Jul 24th 2011, 15:55
D Borg: Read my whole comment and tell me where, as they hurt people in their way willy nilly, is this respect for human life you claim on their behalf.
D Borg
Jul 24th 2011, 19:05
Mr Soames,
you may wish to read what Sea Shepherd had to say - rather than accepting F&F version as the truth.....
Kurt Caruana
Jul 24th 2011, 10:21
Even though i believe that all wildlife should be conserved, there's no way i would agree with sea shepherd's eco-terrorism tactics! May justice be served!
Mr FRANS H SAID
Jul 24th 2011, 09:55
There are many forms of terrorrism. All feel that justice is on their side and they are right in their loopsided ways.
I agree that wild life, including birds and fish shouyld be safeguarded, but all within the parameters of the law. There are many official organisations, and lobbying and pressure should be made so that these carry out their duties diligently.
It is a maxim of the law that no one can take the law into his hands, even if they are the sea shepperd or an organistaion with the best intentions in the world.
Without the rule of law, the world will become pure anarchy, and we are not far from that stage.