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Greens say Bethune's actions were legal

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Pete Bethune (NZPA)

Pete Bethune (NZPA)

Wed, 17 Mar 2010 7:55p.m.

The Green Party says whaling protester Peter Bethune may have been legally entitled under international maritime law to attempt a citizen's arrest on the captain of Japanese vessel Shonan Maru, and that the New Zealand Government needs to act to assist him from a legal perspective.

Mr Bethune has been in Japanese custody since boarding the Japanese whaling vessel in the Antarctic Ocean on February 15, and now faces a trespass charge after being transferred from the ship into the custody of authorities in Japan.

He boarded the Shonan Maru to attempt a citizen's arrest on its captain following an earlier collision between the whaling ship and his boat, Ady Gil. The latter sank following the incident, which the Sea Shepherd Conservation Society claims was a deliberate and criminal act on behalf of the Shonan Maru.

Green Party oceans spokesman Gareth Hughes said an Australian-based lawyer, Ronald Browne, had pointed out New Zealand was a signatory to the Rome Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation.

Incorporated into New Zealand law through the Maritime Crimes Act, that meant if the Shonan Maru captain was criminally liable for the collision, Mr Bethune was entitled to carry out the citizen's arrest, Mr Hughes said.

However, other legal perspectives suggest while the arrest attempt may be justified, the act of boarding a private ship in international waters is illegal regardless.

Maritime New Zealand is investigating the collision and a spokeswoman said today the release of any findings were still a long way off.

Mr Hughes said the Government was doing little to try to assist Mr Bethune and needed to explore legal opportunities to do so under the Maritime Crimes Act.

A spokesman from Foreign Affairs Minister Murray McCully's office said Mr Bethune was still being questioned by Japanese authorities.

He had been charged with trespassing. It was not yet clear whether other charges would follow, and at the moment there was little the New Zealand Government could do.

NZPA

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Comments [6]

Kiwi Supporter
27 May 2010 2:52p.m.

Erik I do sincerely hope you're aware that Japanese whaling program has been convicted of unlawful activity in a Australian federal court, not to mention their blatant disregard for the moratorium they've been proven to export whale meat to multiple countries including the US with such endangered species as sei, fin, humpback, etc which is not only in violation of US domestic law for the protection of endangered species and the marine mammals act but is in blatant violation of CITES ban on commercial whale trade as they are an appendix 1 listing and the trade is limited to countries with reservations and only that. PS those also saying "what about SSCS rammings", this is not about them, this is about Bethune, he has never rammed anyone, he is a New Zealand citizen, he has never harmed anyone, he hasn't even committed a complete prop foul, all he did was interfere in commercial activity (of which if he's convicted I believe should bring the grounds of an international court hearing on Japans illegal commercial whaling as their courts would have agreed upon). PS Erik you are lying, Paul Watson is currently going after ILLEGAL blue fin tuna fisher, and by illegal in ever imaginable fashion, they are not licensed and they're the ones exceeding Japans quota by hundreds of tons which they Japanese government ignores. PS 90,000 is very reasonable, that's his job, he's not a volunteer, that is his job and he spends much of that money flying across the country to go to seminars to speak, if you'd care to learn the truth.

Erik
24 May 2010 7:44p.m.

"All the people who are backing Japan are forgeting 1 thing. Japan have broken many Australian and world laws and continue to defy the world with every whale or dolphin they catch. SScs are doing the governments jobs because the NZ and Australian government have no balls" Since you decided to post idiocy, I fel I have the right to refer to you as an IDIOT. 1. Post a link to ANY LAW (Aus, NZ, or Intl) that has been broken. 2. Since all whaling occurs in INTERNATIONAL WATERS, please provide links to just how anf Aus or NZ would apply? 3. Japan whales under the rules and regs of the IWC. You apparently don't know that the IWC is THE ONLY agency they recognize in any matter of whaling. 4. You seem to overlook the fact that it is AUSTRALIAN fishermen that harvest more than 42% of the southern bluefin tuna. Yet you only attack those that legally BUY IT from them? 5. watson is paid more than $90,000 per year as president, he is also paid for use of his home in washington as an office. (he gets to set the amount he's paid..)He also uses charity monies to fund his onboard lifestyle in the manner HE DECIDES. So all contributors get to fund what ever he wants to do with no accountability. When you learn to actually find out the TRUTH, come back

Stop Whaling
22 Mar 2010 11:25a.m.

All the people who are backing Japan are forgeting 1 thing. Japan have broken many Australian and world laws and continue to defy the world with every whale or dolphin they catch. SScs are doing the governments jobs because the NZ and Australian government have no balls. Paul Watson is making someone accountable for their actions because people or countries are no longer accountable. We are continuely raping the seas and no one cares. Its all about greed, Paul watson doesn't make a cent it goes into the Conservation Society for all the other half wits to enjoy later when they are at the beach enjoying the whales. Look at the Tuna situation now, many countries are deeply concerned about the over fishing. Others are worried about the loss of income, who is right?

Robert Beller
19 Mar 2010 4:35p.m.

How in the Hell is the SSCS going to use the Convention of Rome to defend all the rammings and attempt prop fouling they do every season on "Whale Whores"? Did Ronald Browne point out that since New Zealand was a signatory to the Rome Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. They would have to arrest Paul Watson for his first two season of TV? "Your honor please ignore all the rammings and sinking I've bragged about to anyone who'll listen and just consider the Japanese guilty". "Bailiff take Mr. Watson away"!

Kiwi balooney
19 Mar 2010 3:20p.m.

Yeah so the Greenies are caught suckling the toes of General Paul Watson. Anything new to report? Yes, like the rest of the planet who are not insane and who think Sea Shepherd and those like them are waste of time and energy saving whales. Come on people, Watson faked being shot, how does that save whales?

V
17 Mar 2010 9:30p.m.

when your in a hole and can't get out, stop digging!. Ha.

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