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Bethune to face trial in Japan this week

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Mon, 24 May 2010 6:35a.m. UPDATED AT 8:50AM

Pete Bethune (NZPA file)

Pete Bethune (NZPA file)

The trial of a New Zealand man arrested by the Japanese starts later this week and Prime Minister John Key said there was not much the Government could do if he faced jail time - just like the Taiwanese accused of importing P here.

In February Peter Bethune, 42, boarded the Shonan Maru 2, hoping to make a citizen's arrest of its captain for allegedly ramming and sinking his ship.

Anti-whaling vessel Ady Gil sank after being sliced in two when it collided with the Shonan Maru 2 in the Southern Ocean on January 6 while it was harassing the Japanese whaling fleet.

Mr Bethune was arrested when the Shonan Maru 2 docked in Japan and is now in custody pending a trial on charges of trespass, causing injury, vandalism, carrying a knife and obstructing commercial activities.

His trial was scheduled to start on Thursday.

Mr Key said the Government was giving him all the consulate support it could.

"We can't necessarily stop (Mr Bethune serving jail time) in the same way that... these six Taiwanese people that have (allegedly) come in with $6 million worth of P, they are going to be convicted in the New Zealand courts, if they're found guilty they'll do a jail term here," he told TVNZ's Breakfast.

New Zealand's ambassador in Japan last saw Mr Bethune on Wednesday, Mr Key said.

Bill Watson, of the Sea Shepherd, argues the Government has done nothing to force the Japanese to contribute to an investigation into the sinking - leaving Mr Bethune out to dry.

“We think this is something that every New Zealander ought to know about, the way he’s being treated, because it’s seriously going to affect the life of someone who was down there basically on all of our behalf.”

The trial was expected to run three days and a verdict was due mid-June.

If convicted, Mr Bethune could receive up to 15 years in jail.

NZPA / RadioLIVE

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Comments

02 Jun 2010 01:40a.m.

Leonard Green wrote:

That is a really good question Mark.

Paul Watson has been saying for years that he wishes they would take him to court so he could put whaling on trial and prove he is right. Well Japanese issued a warrant for him, so all he has to do is go to Japan and stand trial. Then he prove he is right. And I am sure that if the Japanese had Watson in custody they would be more inclined to give Peter Bethune a reduced sentence.

30 May 2010 06:17p.m.

Mark wrote:

IMO, it was indeed a calculated ploy by Paul Watson. A failed and poorly planned media "stunt" that backfired-to the extreme detriment of Peter Bethune.

It is now clear that Watson sent this poor, unknowing guy, Bethune, into a horrible Japanese prison.

I suspect that may have been Paul Watson's plan from the moment he ordered Bethune to board the Shonan Maru 2.

Bethune will be suffering torture from Day 1 once he is incarcerated in the maximum secrurity Fuchu Prison.

Why don't we hear Watson offering to exchange himself for Bethune in order to effect Peter Bethune's freedom?

27 May 2010 12:25a.m.

Samuel wrote:

Brandon;
You are partly correct in your point regarding the Ady Gil being entitled to maintain course and speed; but it is not a right or entitlement, it is an obligation. They are REQUIRED to maintain course and speed under COLREGS. The AG did not do this. The video from the AG clearly shows Bethune giving the order to reduce speed to minimum headway.

Your attempt to apply the NZ Maritime Act to the SM2 fails on the very points you cite:
i. The SM2 is not a NZ ship
ii. The alleged offender is not a NZ citizen nor resident
iii. The alleged offender is not present in NZ.
None apply

You quote an old version of the SUA (Rome Convention). The portion you quote gives the right to *deliver*. This can only be done IF other conditions have first been met. Bethune can not even board the ship in the first place without permission. See Article 8bis in the 2005 Protocol which covers co-operation and procedures to be followed if a State Party desires to board a ship flying the flag of a State Party.

"The authorization and co-operation of the flag State is required before such a boarding. A State Party may notify the IMO Secretary-General that it would allow authorization to board and search a ship flying its flag, its cargo and persons on board if there is no response from the flag State within four hours. A State Party can also notify that it authorizes a requesting Party to board and search the ship, its cargo and persons on board, and to question the persons on board to determine if an offence has been, or is about to be, committed."
http://www.imo.org/Conventions/mainframe.asp?topic_id=259&doc_id=686

You prove nothing to the contrary with your sources. Your own sources prove you to be wrong and have a misconception of maritime law. It does not take an expert to see any of this. There are several other laws and conventions that explicitly prohibit what Bethune attempted; but for now your own sources are sufficient to prove you are mistaken.

26 May 2010 10:36p.m.

Leonard Green wrote:

Brandon you obviously know nothing about the law. The only possible reasoning behind Bethunes actions is the NZ citizens arrest ability, the SUA doesn't give arrest powers to random crewmen (because at the time of the boarding that is all Bethune was, a Steve Irwin crewman). And being a Japanese flagged vessel the Shonan Maru 2 doesn't fall under NZ laws. An 8-year old can understand that, so grow up and let Bethune take his punishment for being an idiot and listening to Paul Watson.

26 May 2010 04:55p.m.

Brandon wrote:

Many of you seem to self proclaimed expert on maritime law. Such as your claims of illegal boardings, which are fairly funny to me and easy to prove to the contrary. Maritime Crimes Act 1999 8 Extra-territorial jurisdiction in respect of crimes relating to ships (1) Section 4 applies in respect of acts or omissions that occur outside New Zealand if— (a) the act or omission occurs against or on board a ship that is navigating, or is scheduled to navigate, into or through or from the waters beyond the outer limits of the territorial sea of a country or the lateral limits of its territorial sea with adjacent countries; and (b) any of the following applies: (i) the ship is a New Zealand ship; or (ii) the alleged offender is a New Zealand citizen or a person ordinarily resident in New Zealand; or (iii) the alleged offender is present in New Zealand This incorporates New Zealand domestic law under the circumstances of which occured. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (aka Rome Convention) Article 8 1. The master of a ship of a State Party (the "flag State") may deliver to the authorities of any other State Party (the "receiving State") any person who he has reasonable grounds to believe has committed one of the offences set forth in article 3. Further legitimizing his boarding and demand at citizens arrest and compensation Furhter more I cite a Australian maritme expert in his viewing of the collision Shane Kurns(might be misspelled) Speaking on behalf of the ady gil "He's entitled to keep his course and speed you know as a stand on vessel, and the big boat is the uh, give way boat, and it looks like he actually turned into him" But a complete investigation has not been done because NZ and Australian officials looking into the incident say they can't finish their investigation because of Japans refusal to cooperate. He is a hero facing criminal courts with a 99% conviction rate. In Japan innocence doesn't matter

26 May 2010 07:43a.m.

atrout wrote:

Good point Leonard Green. What the armchair navigators don't understand is that if the Japanese ship had turned hard to port at the point of collsion the Ady Gil would likely have gone underneath the Japanese vessel, possibly even through the propeller. Anyone with the slightest knowledge of boats would know that the rudder is at the stern of the ship and turning motion occurs aft,basically pivoting on the bow. The Ady Gil, especially being multihull would have likely turned over and gone under the Japanese vessel. Basic ship dynamics which could have caused the loss of the Gil crew, not just getting them a little damp. Peter Bethune had presumably given the order to go from a virtually stationary position to full speed to pass under the bow of the Japanese vessel just as he had being doing all morning. A stupid miscalculation on his part. What also defies belief is how the Barker under Watson's command succeeded in sinking the Ady Gil later that night while under tow. Either an utter lack of seamanship or a deliberate scuttling of their own asset. Publicity stunt or what. I personally feel that Watson encouraged Bethune to board the Japanese vessel as a sacrificial lamb. Again either calculating or dumb, take your choice. It is interesting to watch Whale Wars to observe Watson's personality at work. He doesn't seem to care about anyone else. The whales provide him with an opportunity to play lions and Christians for his own satisfaction.

25 May 2010 10:43p.m.

Leonard Green wrote:

Sorry AD(Attention Deficit) even the Australian report on the collision say that the Ady Gil crew's own statements are that the Shonan Maru was initially on a heading of 030T and just before the collision they were on a heading of 030T. In other words the Ady Gil crew said the Shonan Maru DID NOT change course before the collision. When the crew of the boat that was hit give official statements that say the Japanese vessel maintained a heading of 030T throughout the incident, it kind of negates your armchair statement from 4 months later that the Japanese changed course.

25 May 2010 06:38p.m.

Lyn wrote:

Well, the anti-Sea Shepherd hysteria seems to be rising. If Pete is ever returned to NZ I expect he'll be tarred and feathered or burned at a stake for daring to oppose the Japanese whalers. I hope he finds another country!

Just wondering - do any of you care about how Japan is plundering the world's oceans? A hemisphere away fron their own country? Disregarding any attempt to reign in their excesses? If you don't believe me, try reading about the reasons why whale populations will probably never recover fully, and what has happened to bluefin tuna, once plentiful.

Do any of you care about anything other than your own comfort?

25 May 2010 04:36p.m.

Samuel wrote:

Perhaps instead of watching videos, you should focus on the fact that the trial is not at all about the collision. It is about illegal boarding and trespass. Bethune is paying the price for Watson's attempt to turn this into a media circus. I make no apologies for Japan. I'm tired of Watson trying to pull NZ strings. Watson was lucky last time he sent boarders to the whaling ship that there was an Australian vessel nearby to act as intermediary for their return. Watson tries to fabricate international incidents and use them to his advantage. This one blew up in his face; or rather someone else's face. Seems Watson never pays the price for his schemes, always some other poor sap.

25 May 2010 03:39p.m.

A.D wrote:

what a buncjh of gutless apologists for the Japanese you guys are, perhaps you should watch all 3 videos of the deliberate ramming by the Japanese, they show, clearly, that the Japanese ship changed course to ram the smaller vessel. The Japanese are using this as a show trial, there's no way justice will be served, any other NZ citizen would be getting real support form the gov't, even drug traffickers get a better deal from John Key.