Yacht may be moved, court told
THE superyacht Amadea is expected to be moved this weekend, a lawyer from the Office of the Director of Public Prosecutions (ODPP) told the High Court in Suva yesterday.
On Tuesday, High Court judge Justice Deepthi Amaratunga granted the DPP’s application to register a United States warrant to seize the luxury vessel.
Yesterday, Suva lawyer Faizal Hannif filed an appeal against Tuesday’s ruling and made an application for an interim stay to the execution of the orders in Tuesday’s ruling. The application was made based on affidavit evidence sworn by the Amadea’s captain who believes United States authorities had engaged National Maritime Services (NMS), a specialised company – which he also believes provides expert advice to the US Government on Maritime Affairs and seizes assets on its behalf – to assist with the seizure of the yacht from Fiji at the earliest opportunity.
Mr Hannif said the captain, in his affidavit, swore that he was on a video call with National Maritime Services vice president Bill O’Dell who asked him about the Amadea’s technical specifications such as fuel capacity, range and fuel consumption while underway, technical maintenance, financial status, sailing financial obligations, the relational chart licences and autonomy regarding crew provision.
He swore a meeting took place between him, director of criminal investigations Senior Superintendent of Police (SSP) Serupepeli Neiko, three Federal Bureau of Investigation agents, and then linking via mobile device was Mr O’Dell and a US marshal, where he was questioned on moving the yacht and how it could be done.
He also swore that at the meeting he was told a team of maritime experts, including two US marshals and a watch experienced in seizing maritime assets, would arrive after Tuesday’s ruling.
The captain alleged that as recently as Monday the former local agent for the vessel, Chase Smith, was in contact with NMS president Alan Swimmer, who asked Mr Smith if he would be able to assist with the signing of a non-disclosure agreement.
Mr Hannif said this showed anxiety and fear that the US authorities were determined to take the vessel and that they wanted the vessel to stay in Fiji.
“All we want my lord is an interim stay,” he said.
“We’re quite happy with the ruling, we’ve got the opportunity to test your lordships reasoning in that, but we need the protection in the short time.”
The ODPP lawyer said the State would be objecting to the stay application but that they could file their affidavit in response by today, and that the information that the State had was that the vessel would be moved some time this weekend.
The parties are to file their affidavits by 9am, and their submissions by 1pm for the State and 3pm for the applicants.
A ruling on the application for a stay to the execution of the Tuesday ruling’s orders is expected tomorrow.