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DailyPost – By Richard M. Nanua, Jul 5, 2017
Six Indonesians have admitted to murdering their captain, late Xie Dingrong, on the high seas on board a Vanuatu registered fishing vessel after a heated argument with the deceased.
Saepul Manap, Andi Riyadi, Riva Pranga Kliswanrio, Abdulhasan Sidik, Suheri Meivan and Ade Marwadi all admitted to one count each of intentional homicide section 106 (1) (b) under the Penal Code Act.
Section 106 (1) of the Penal Code Act says: “No person shall by any unlawful act or omission intentionally causes the death of another person. Penalty- (b) if the homicide is premeditated, imprisonment for life.
There were no clear information related to the attack but some information adduced before the Supreme Court on the remand order sheet and information sheet has helped the prosecution to secure a conviction.
All six Indonesians admitted murdering their captain a thousand miles south of the American continent when they were fishing.
Information revealed that Tunago No. 61 is an international fishing vessel that is legally registered in Vanuatu and was arrested in Fiji after authorities found the men onboard without captain Dingrong.
Justice Daniel Fatiaki heard that all six were all citizens of Indonesia and none of them could understand and speak English.
But the court was fortunate to have an Indonesian national Chris Tryantino who is currently employed in Vanuatu and he was invited by the defense lawyer Edward Nalyal to assist his countrymen during the court process.
Mr Tryantino managed to translate in Bahasa Indonesia the charge to the men and they admitted killing Mr Dingrong on September 7, 2016 between 9 to 10am by stabbing and beating him to death.
They agreed that they entered his cabin and killed him and he died soon from the conditions sustained from the multiple assault.
Prosecutor, Tristan Karae, said that after the authorities were notified that the ship was arrested in Fiji, Vanuatu’s Attorney General applied for the men to be extradited to Vanuatu to face court.
The men were then escorted from Fiji to Vanuatu and they admitted killing their captain yesterday in Court.
Justice Fatiaki was also told that the Republic of Vanuatu has sought an extradition to deal with the defendants in accordance with the provisions under the Vanuatu Extradition Act of 2002.
Mr Karae said that Chief Magistrate Stephen Felix had issued a warrant of arrest against the defendants on December 2, 2016.
He said that the High Court of Fiji granted the extradition before being escorted to Vanuatu.
While dealing with the case, Mr Karae notified the court of section 1 and 2 of the Penal Code Act CAP 135.{p class=”Default”}Section 1 says; “Offences within Republic{p class=”Default”}”(1) The criminal law of the Republic shall apply to any act done or omitted within its territory.{p class=”Default”}”(2) For the purposes of this Code, the territory of the Republic shall include its territorial waters and the airspace above the territory and waters, and all civil vessels and aircraft registered in the Republic:
“Provided that no person aboard a foreign civil vessel or aircraft may be tried for an offence committed on board such vessel or aircraft within the territory of the Republic if the Public Prosecutor is satisfied that the offence may be dealt with fairly and in a manner not contrary to public policy in the Republic under the foreign law or regulations governing such vessel or aircraft.”{p class=”Default”}Section 2 provides for Offences partly or wholly abroad.{p class=”Default”}”The criminal law of the Republic shall apply –{p class=”Default”}(a) to any offence of which an element has taken place within the territory of the Republic;{p class=”Default”}(b) to any offence against the external security of the Republic or of counterfeiting the current money of the Republic, wherever committed:
Provided that no alien may be tried for an offence against the criminal law of the Republic solely by virtue of this section unless he has been arrested within the territory of the Republic or has been extradited to it’.
Mr Karae agreed with Justice Fatiaki that the charge of intentional homicide warrants a maximum penalty of life imprisonment but will treat the offense premeditated killing within one of the Vanuatu vessel.
The case will resume in August 4, for sentencing.
All six Indonesians admitted murdering their captain a thousand miles south of the American continent when they were fishing.
Information revealed that Tunago No. 61 is an international fishing vessel that is legally registered in Vanuatu and was arrested in Fiji after authorities found the men onboard without captain Dingrong.
Justice Daniel Fatiaki heard that all six were all citizens of Indonesia and none of them could understand and speak English.
But the court was fortunate to have an Indonesian national Chris Tryantino who is currently employed in Vanuatu and he was invited by the defense lawyer Edward Nalyal to assist his countrymen during the court process.
Mr Tryantino managed to translate in Bahasa Indonesia the charge to the men and they admitted killing Mr Dingrong on September 7, 2016 between 9 to 10am by stabbing and beating him to death.
They agreed that they entered his cabin and killed him and he died soon from the conditions sustained from the multiple assault.
Prosecutor, Tristan Karae, said that after the authorities were notified that the ship was arrested in Fiji, Vanuatu’s Attorney General applied for the men to be extradited to Vanuatu to face court.
The men were then escorted from Fiji to Vanuatu and they admitted killing their captain yesterday in Court.
Justice Fatiaki was also told that the Republic of Vanuatu has sought an extradition to deal with the defendants in accordance with the provisions under the Vanuatu Extradition Act of 2002.
Mr Karae said that Chief Magistrate Stephen Felix had issued a warrant of arrest against the defendants on December 2, 2016.
He said that the High Court of Fiji granted the extradition before being escorted to Vanuatu.
While dealing with the case, Mr Karae notified the court of section 1 and 2 of the Penal Code Act CAP 135.{p class=”Default”}Section 1 says; “Offences within Republic{p class=”Default”}”(1) The criminal law of the Republic shall apply to any act done or omitted within its territory.{p class=”Default”}”(2) For the purposes of this Code, the territory of the Republic shall include its territorial waters and the airspace above the territory and waters, and all civil vessels and aircraft registered in the Republic:
“Provided that no person aboard a foreign civil vessel or aircraft may be tried for an offence committed on board such vessel or aircraft within the territory of the Republic if the Public Prosecutor is satisfied that the offence may be dealt with fairly and in a manner not contrary to public policy in the Republic under the foreign law or regulations governing such vessel or aircraft.”{p class=”Default”}Section 2 provides for Offences partly or wholly abroad.{p class=”Default”}”The criminal law of the Republic shall apply –{p class=”Default”}(a) to any offence of which an element has taken place within the territory of the Republic;{p class=”Default”}(b) to any offence against the external security of the Republic or of counterfeiting the current money of the Republic, wherever committed:
Provided that no alien may be tried for an offence against the criminal law of the Republic solely by virtue of this section unless he has been arrested within the territory of the Republic or has been extradited to it’.
Mr Karae agreed with Justice Fatiaki that the charge of intentional homicide warrants a maximum penalty of life imprisonment but will treat the offense premeditated killing within one of the Vanuatu vessel.
The case will resume in August 4, for sentencing.
