The Coast Guard on Friday said Italian ship Enrica Lexie had fired at the defenceless fishermen without any provocation even as the captain of the ship snubbed a Kerala police notice to produce the security men who fired at the fishermen before the investigating officers.
According to sources,a high-level team from Italy,comprising officials of the ministries of defence and foreign affairs,would reach India to discuss the matter with the state police,who wanted the accused ship crew surrender before the police.
The captain of the Italian ship,in his reply to the Kochi police notice on Friday night,said he would co-operate with the probe only after diplomatic officials from Italy reached India to take up his cause.
Sources said what has contributed for the confusion was the FIR registered at Neendakara coastal police station,which said the firing incident took place 33 nautical miles off that coast. The Italian ship said the territorial waters was up to 12 nautical miles from the coast. As per law,nautical mile up to 200 from territorial water is exclusive economic zone,in which a coastal state cannot prohibit the movement of a ship. The Italian ship is clutching on to this ground to skip action as per Indian law.
Earlier in the day,Coast Guard IG western region S P S Basra told reporters in Kochi that the firing incident on Wednesday,in which two fishermen were killed,had taken place in exclusive Indian zone.
He said although the ship crew said they fired at the fishermen suspecting them to be pirates,the action could not be justified.
They were initially reluctant to admit the mistake. If a ship fears any suspected movement of pirates,it should be immediately informed to the Coast Guard. In this case,the Italian ship did not taken any such mandatory step, said Basra.
The ship had claimed that the fishermens boat had come closer to it despite flashing lights and displaying weapons. Disregarding these signals,the boat reached 100 metres close to the ship,forcing its security personnel to open fire,he said.
Police Commissioner M R Ajithkumar said the police have registered a case of murder. We suspect that the fishermen were fired at by two of the six security men, he said.