Update: Sea Shepherd Attempts to Give Warrant, Japanese Whalers Evade Authority
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Ever since we heard about the destruction of the Ady Gil and Sea Shepherd’s attempts to take legal action against Japan, they seemed to have slipped out of the news. Well, that isn’t entirely so.
Last Friday (January 15, 2010), they decided to take legal action one step further. The Ady Gil is basically from New Zealand and apparently, under the New Zealand Crimes Act of 1961, a citizen holds the power to serve an arrest warrant for any suspected crime that carries a penalty of more than 8 years imprisonment. Captain Pete Bethune decided to take the law into his own hands by attempting to serve the Japanese captain a warrant, in accordance with the terms that fall under the Act.
For anyone who may be behind in the Sea Shepherd/Whale Wars news, earlier this month, one of the Japanese ships deliberately changed course and plowed right into (possibly even on top of) the Ady Gil. The bow of the ship was destroyed, the ship has sunk to the ocean depths, and at least one Ady Gil crew member was injured. The whalers (especially the ship to blame, Shonan Maru No. 2) are taking absolutely no responsibility for the incident, and Sea Shepherd has been trying to take legal action against them, including filing piracy charges through the Dutch government.
Obviously, the Japanese aren’t going to let any of the Sea Shepherd crew sail right up to them, especially for the purpose of handing over a warrant. So, Bob Barker (the latest addition to the fleet) surprised, chased and engaged the Shonan Maru No. 2. This lasted for 4 hours and all the while the Shonan Maru No. 2 kept running away. Could this possibly be because they know they are in the wrong and don’t want to get caught or deal with their problem?
One other thing I should mention about this little game of cat and mouse (or whale and fish), a smaller boat was also used to sneak up on the Japanese ship. Bob Barker was simply used so the Sea Shepherd crew could order the Japanese to stop and submit to arrest for the crime of attempted murder on the Ady Gil crew. Needless to say, the Japanese never stopped; however, resorting to running away (again) also cost them precious time and speed.
Oh, and we even get to put another black mark on the Japanese whaling record. During the chase and attempt to issue the warrant of arrest, there were only minor tactics being used by the Sea Shepherd crew. I can’t speak of such things when it comes to Japan. As usual, they resorted to the use of LRADs (Long Range Acoustic Devices) several high-pressure water cannons, and evasive maneuvers. It is also said that some of the Shonan Maru No. 2 crew were wearing cylinders on their backs attached to [unidentified] hand-held devices resembling weapons.
Well, whalers of Japan, you certainly seem to be on a roll this time. Let’s see, you are hunting whales in a protected sanctuary. You chased the Sea Shepherd crew through French territorial waters without seeking or getting any permission from the French. You intentionally destroyed a ship and injured a crew member. And you are evading the law and legal process. Oh, and how many of the whales will you be taking that are an endangered species this time?
At this point, we can only hope that Sea Shepherd will be able to put a stop to the slaughter and the Japanese whalers will be brought to justice. It is unclear how much backing or help Sea Shepherd will receive from any government at this point, but they certainly have the support of the people and that’s what really matters.
By Heidi Marshall
I have been with GreenFudge for about a year now, but I've had a passion for Nature my entire life. When I'm not writing articles, you can find me out hiking, gardening, working on green craft projects, or taking photos for my website. You can check out the site at http://arkisaeo.com
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Tags: Ady Gil, arrest, attempted murder, Bob Barker, evading authority, Japanese Whaling, Sea Shepherd, Shonan Maru No. 2, warrant, Whale Wars
I have seen the video of the collision of the Ady Gil with the Shonan Maru #2 and have some experience with Admiralty courts, U. S. Coast Guard investigations and International Rules of the road. It is clear the Ady Gil was not drifting at the time of the collision but was underway and not under command. If the vessel was under command it would never have been struck by the Japanese ship unless that is what it’s master intended as it is (was) much faster and much more maneuverable than a Thousand ton (or so) ship.The Ady Gil is at least equally to blame for the collision if not more so. Bethune was provoking the Japanese to respond, was not giving any indication his vessel was not under command and was operating in unsafe manner with intent. There is not and never was any justification for his attempted “citizens arrest”, legal or otherwise, other than it being a publicity stunt (which is exactly what it was). It is unlikely in the extreme that the Japanese Captain intended to harm the vessel or injure anyone on it. It is hypocritical in the extreme for SSCS to claim attempted murder when a Japanese ship collides with one of their vessels but when the SSCS deliberately rams a ship in clear violation of numerable international laws and endangering the lives of every member of both ship’s crews they say it’s perfectly okay because they will do whatever it takes to protect the whales. Why does the Australian Federal Police continue to serve search warrants on the SSCS, confiscate logs and equipment and interrogate crew members while no one does anything to prosecute the Japanese whalers for their supposed crimes? Simply put, the Japanese whalers have the law on their side. It’s a shame the SSCS wastes so much energy and wealth on entertainment instead of education. Instead of persuading the Japanese to change their government’s policies by reasonable and peaceful means they are hardening that governments resolve to continue “research” whaling by using terrorism against them and delaying the day when Japan will stop killing marine mammals altogether. In fact, they are ensuring the continuation of the whale killing not “saving whales”. The SSCS have painted themselves into a corner by their inability to admit to being in the wrong. By using violent and illegal methods against a legal, government sponsored operation they are exposing their true colors. The organization is a disgrace to the United States of America, The Netherlands, Australia, New Zealand, and legitimate Animal Rights Activists everywhere. It is only through dumb luck no one was killed on the latest “campaign”, or perhaps it’s true that some God watches over and protects idiots and people with freckles.
Let me add one more thing about the Ambassador. I don’t think he has interest in the subject, but that’s why more people need to get in there and heckle him until he takes this seriously.
I made a personal appeal to the Ambassador (US) to Japan to use his influence to help stop illegal Japanese whaling. If anyone wants to add their two cents the web address is: http://tokyo.usembassy.gov/e/info/tinfo-email.html Pass along the link if you want to help get more people involved.
The Ady Gil was a New Zealand registered vessel with a NZ citizen at the helm, in addition the Ady Gil
was flying the NZ flag, So under maritime law New Zealand had the right to file attempted murder and
malice to destroy the Ady Gil.
Why didn’t New Zealand do this one must ask?N Z trades with Japan… follow the money!
I can see that the comments questioning the whole “arrest warrant” issue are most likely not going to end any time soon, so I will try to make a few things clear.
1. I do not create the events that happen, I merely write about them. This particular bit of news has also been covered by a number of other sites, including Care2.com, OceanSentry.org, and WhaleWarsTV.com.
2. The Ady Gil Captain did, indeed, try to issue an arrest warrant to the Japanese. Whether or not any of you believe the warrant is valid is irrelevant and does not change the fact that the attempt happened. Also, feel free to head over to the official Sea Shepherd site, where a more thorough account of this event is detailed in their blog.
3. I am not a New Zealand citizen and I do not create their laws. However, this does not change the fact that the Ady Gil Captain is a New Zealand citizen and is trying to exercise his legal rights as such. Whether or not the Crimes Act of 1961 will hold valid in those waters may be debatable, though, again, it still does not change the fact that crimes were committed against New Zealand citizens nor does it change the fact of their actions taken against said crimes–which include the attempt of invoking their citizen rights as listed under the act.
Edit: One other thing I forgot to add: If you (all) still wish to continue to question the validity of the “arrest warrant” or the Act that allows New Zealand citizens to issue said warrant, or anything else about the arrest warrant, please do the following things:
1. Read through the Crimes Act of 1961 and find out for yourselves what exactly it all entails, in terms of crimes punishable, how/where they can be punished, when a citizen has the right to issue a warrant, and whether or not crimes outside of New Zealand territory count as punishable under the Act or if there are any extenuating circumstances that allow the Act to be used outside of their territory.
2. Contact a New Zealand law official and ask them yourself whether or not any of this is valid. At the very least, the attempt to arrest can be made (and was made)–the matter of whether or not the warrant will hold up or be omitted once they return to port may be debatable, and your best bet would be to contact a police officer, lawyer, judge, or even someone directly in the government. They would be able to answer your questions on that matter better than I. And if you do wish to continue your debate, please at least have enough sense to cite your source(s) of information (provide a link or book information so that it may be checked), otherwise your own claims will be questioned as invalid, too.
I’m a little confused – I clearly understand that citizens of New Zealand can issue and serve a warrant for an arrest, but isn’t this a law local only to New Zealand? Didn’t New Zealand state that the sinking of the Ady Gil occurred just outside Australia’s EEZ, which is the perimeter of their country’s local laws? Even with the debate of whether or not Australia controls those waters aside, am I understanding this article correctly that any New Zealand citizen can serve a warrant and arrest someone, even if it’s not in New Zealand? If the waters are under Australia’s jurisdiction, I thought Australia has to arrest them and extradite them, right? If they are International waters, then the job falls on Interpol, who can nab them when they come into port at Japan.
I’m not trying to defend the whalers or the activists; I’m simply asking how New Zealand expects to enforce its country’s laws outside its own territorial borders.
As stated twice already, an arrest warrant does not need to be issued by a New Zealand court, law office, or what have you. That is where the Crimes Act of 1961 act comes in–it allows New Zealand citizens to make an arrest, as long as the crime(s) committed fall under that Act. Since the destruction of the Ady Gil can fall under several different crimes listed under the Act, and the Captain and most (if not all) of the crew are New Zealand citizens, they have every right to issue an arrest warrant under the terms of that Act. It’s not a matter of whether or not they officially obtained one from a judge, officer, or such; they are still following legal process regardless.
Yet another totally biased excuse for an article written by someone incapable of seeing things from more than one perspective (though understandable when you think it’s from a green fudge). I have yet to see any official arrest warrant issued by New Zealand. You’re basically saying that if a citizen thinks and claims that another has done them wrong, they can go about arresting the other person.
Philips and Inked_Smash
I certainly agree that taking action is very important and it puts change into motion (or at least the potential for change) a lot quicker than only talking about things. Doing something is what counts, and they are out their risking life and limb for the sake of the survival of another species. That certainly puts a positive mark in my book!
Thank you both for your comments!
I have read the comments people have left on this article, I must say who has the right to say any thing about any of the work these people are doing?! Im proud when humans take a stand for something positive! We have so much carelessness in our world it is refreshing to see paul and his crew get off their butts to stand up and take action instead of just talk. They take time out of their lives to board a ship for months and fight for something they believe in can you say the same?? When you do then you can talk! Till then dont knock people for protecting the ones that can not protect themselves! we can all talk about change till we are blue in the face but untill action is taken nothing cahnges we see that every where!
Excellent article thanks for posting. Great to see a journalist who isn’t afraid to report the truth. Ignore the angry whiners who aren’t happy unless the whales are getting killed, or who aren’t happy that the whales are being killed but don’t want to see anything done about it. When heroes go out and protect life, the losers will always stand on the sidelines spouting garbage.
Burgo:
Now, your comments are making no sense at all and please watch your language. I have said nothing about going against ones heart. All I pointed out was that Watson is a person who fights animal cruelty, and it seemed strange to me that you would hate him, since you seem so strongly opposed to animal cruelty, too. I am curious what exactly he lies about and how you know this? Also, how is his food preference relevant to the article? Whether or not he is a vegan does not matter or apply here.
That’s great that you love animals! Are you doing anything to help save them, though? I’m not saying you need a ship and a television show, but Sea Shepherd is clearly out on the front lines trying to do something about the issue. It would be one thing to insult them and their work if they were all talk and had nothing to show for it, but they do have a lot to show, including years of work, court battles, footage from their campaigns, protests and so forth.
And the reason Iceland, Norway, etc. are not mentioned in these articles is because these articles are about Sea Shepherd and their campaign, which involves fighting Japanese whaling. If they were attempting to fight Icelandic whaling, it would be about them instead.
Thinker
Yes, New Zealand (and even Australia) are both close by, however, their focus is more on dealing with the Japanese government at this time rather than sending out a nautical police squad, so to speak.
As for the issue about the arrest warrant, the New Zealand Crimes Act of 1961 clearly states:
“Every one is justified in arresting without warrant—
(a) any person whom he finds committing any offence against this Act for which the maximum punishment is not less than 3 years’ imprisonment:
(b) any person whom he finds by night committing any offence against this Act.”
There are several sections under the act (at least) in which the Ady Gil could rightfully serve an arrest warrant to the Shonan Maru #2, including: Piracy, Piratical Acts, and Attempt to Murder–which is the charge being placed with this particular arrest.
Another portion of the act also states:
“Arrest after commission of certain crimes:
Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.”
I have yet to see on any website anywhere, any confirmation that an ARREST WARRANT has been issued by a New Zealand Court. Remember- filing a complaint is not same as a warrant being issued.
Even if one has been issued, since when are ARREST WARRANTS not served by law enforcement offcials? Has anyone ever heard of an ARREST WARRANT being served by a “citizen” when the party to be served is “right there” ? Does anyone ever think about these things before publishing highly questionable articles? Or believing them blind?
Let me guess a person can onlly care about animals if he goes against his heart???
I do not like Watson, the main reason is that he lies & NO he Ain’t Vegan (only At Sea)
Don’t piss in my face & call it rain.
I Love animals & I do not agree with sea shepherds tactics, infact i see sea shepherd as a crew of hollywood wannabees.
If for one minute anyone thinks Japan, norway etc will stop whaling then sadly you are kidding yourselves.
I notice how no one mentions Iceland, Norway, Faroe Islands etc .. could it be racially motivated ermmm
ddpalmer:
The Shonan Maru #2 is the ship that rammed the Ady Gil. The Bob Barker was trying to get the ship to stop so the Captain of the Ady Gil could give the Captain of the Shonan Maru #2 a warrant.
As for SSCS wasting time on the matter, no, they are not. Justice or some form of legal action needs to be taken for what happened to their ship, so it is quite understandable that the Ady Gil crew sees that something is done about it. Being that they have no other ship, the Bob Barker is the only other one to help them with the issue. Also, don’t forget about the Steve Irwin, for they are currently dealing with the whalers.
Burgo:
You amuse me. You claim that you are against animal cruelty, yet you also seem to be against a person that has spent decades fighting animal cruelty. Considering that Watson and his crew seem to be the only ones down there even doing anything about the whaling issue, I would say they are most certainly needed. However, you are right about one thing, it is not Australia that needs them, it is the whales that do and that’s exactly why Watson and his crew are out there.
I’m against ANY Animal cruelty!
Paul Watson Is Nothing More Than A Common Criminal, he goes around throwing Glass bottles etc then Whinges when his karma comes back.
Bugger off Watson, Australia does NOT need you
How did the Bob Barker surprised and chase the Shonan Maru #2 when the Shonan Maru #2 had been following the Bob Barker since the Ady Gil incident?
And this incident cost the SSCS precious time and speed not the Japanese. The Shonan Maru #2 doesn’t do any whaling, it’s job is to follow the SSCS ships. So this latest game with the Shonan Maru #2 prevented the Bob Barker from finding and stopping the actual whaling fleet. Sounds like Bob Barker was wasting time to get some footage for next season of Whale Wars or trying to get some PR for the SSCS rather than doing what they claim to be there for which is stopping whaling.