Please select your home edition
Edition
MarkSetBot

Ady Gil's Bethune boarding of Shonan Maru 2 not illegal at law

by WcP.Observer on 19 Feb 2010
Ady Gil sunk by Shonan Maru 2 SW
Round the world powerboat record holder Captain Pete Bethune climbed aboard a Japanese vessel on Feb. 14, 2010 in the Antarctic Ocean to attempt a citizen's arrest for the destruction of a protest vessel last month.

'He wanted to arrest Shonan Maru 2's captain for Ady Gil's destruction and 'attempted murder' of six Ady Gil crew members.


The whalers decried the boarding as illegal. However, Donald Rothwell, a professor of international and maritime law at the Australian National University, said Bethune's boarding was not illegal under international law unless he planned to do harm to the crew or imperil the safety of the Shonan Maru 2.

Merely making a demand or presenting a letter and a bill did not constitute terrorism or piracy.

Captain Pete Bethune has clearly stated in his written letter that the Japanese whaler has an obligation under maritime law to provide him with safe passage back to land: 'If you refuse to be arrested, then I am requesting that you deliver me to Wellington (New Zealand).

'Having sunk my vessel, and with our issuing of a mayday call, you have an obligation under maritime law to provide me with safe passage back to land.' Apparently, Captain Bethune is boarding to deliver a citizen arrest for 'attempted murder' (Maritime NZ confirms Ady Gil investigation) which he himself experienced and survived as one of the six almost-killed Ady Gil crew members, and to deliver an invoice.

In a cover letter Bethune states: 'I am here to arrest you. I am requesting that you transfer now to the Steve Irwin, where we will take you into custody, and we will deliver you to the Maritime Safety Authority and the New Zealand Police once we reach Wellington (New Zealand).' As Captain of the Ady Gil, Peter Bethune has an invoice for $3 million which he will present to the skipper of the Shonan Maru 2.

'If you refuse to be arrested, then I am requesting that you deliver me to Wellington (New Zealand). Having sunk my vessel, and with our issuing of a mayday call, you have an obligation under maritime law to provide me with safe passage back to land.'

'I commit to you that while I am on your vessel, that I will not impede or disrupt your crew and their activities.'

The invoice, dated 14 February 2010, says, 'If payment is not forthcoming within four weeks of receiving this document, we will be proceeding with criminal charges in Japan against your company. We will be seeking punitive damages, in addition to the full replacement cost of the Ady Gil. Further to this, we will be laying criminal charges against the Captain of the Shonan Maru #2.'

Full story at http://www.worldculturepictorial.com
Rolly Tasker Sails 2023 FOOTERAllen SailingBarton Marine Pipe Glands

Related Articles

Materials That Make the Difference
Discover the performance fabrics behind the Henri-Lloyd AW25 collection Discover the performance fabrics behind our AW25 collection. This season, Henri-Lloyd has focused on advanced, responsibly sourced materials designed to thrive in demanding coastal conditions.
Posted today at 11:00 am
Teams are go for 2025 Six Metre World Championship
29 boats registered and ready to race Registration is now complete and 29 teams from ten nations are ready to race for the 2025 Six Metre World Championships at the Seawanhaka Corinthian Yacht Club on Long Island Sound.
Posted today at 9:06 am
2025 Dutch Water Week overall
From experiment to future The Dutch Water Week concluded today with the pilot finals of the Sailing Grand Slam (SGS).
Posted today at 7:49 am
RORC Transatlantic Race 2026 preview
3000 miles, one epic challenge The RORC Transatlantic Race in association with the International Maxi Association and Yacht Club de France will start from Marina Lanzarote on 11th January 2026.
Posted today at 7:32 am
Aussies take it on in Geneva
Flying Roos back on top of SailGP season leaderboard after tough racing in Geneva The BONDS Flying Roos have reclaimed their lead in the 2025 Season standings after securing a hard-fought podium finish in “street fight” conditions at the Rolex Switzerland Sail Grand Prix in Geneva.
Posted today at 12:14 am
And so, it begins…
Grand Final not run yet, but our Hobart coverage begins with something very cool Maybe a tad earlier than last year, which I think was after the Grand Final, but the 100th entrant seemed like a good place to set things off. Now with that said, Sail-World's Hobart coverage begins.
Posted on 21 Sep
ILCA Announcement
Protecting the one-design integrity of the class ILCA's mission is to protect the integrity of strict one-design sailing—the principle that ensures every sailor competes on equal terms. This principle, enshrined in the ILCA Fundamental Rule, has been the foundation of our class's success.
Posted on 21 Sep
The Ocean Race Europe 2025: The summer of racing
Biotherm delivered a masterclass - Paprec Arkéa a lesson in consistency This Saturday, after a fiercely contested final race, the second edition of The Ocean Race Europe came to a close. It was a seven-week adventure from Germany to Montenegro, full of twists and turns, resilience, and raw emotion.
Posted on 21 Sep
Tornado Open, Mixed and Youth Europeans overall
Czech team dominated the event No more races were possible on the final day of the championship due to lack of wind, leaving the overall tally at five races sailed.
Posted on 21 Sep
Germany Deutsche Bank claim first SailGP event win
Race Day 2 of the Rolex Switzerland Sail Grand Prix The Germany SailGP Team presented by Deutsche Bank has entered the winners circle, claiming their first event victory at the Rolex Switzerland Sail Grand Prix in tricky, light conditions on the waters of Lake Geneva.
Posted on 21 Sep