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THE captain of an NGO migrant rescue ship was vindicated today after a Maltese court overturned the state’s conviction against him for entering the country’s waters without the proper registration.
The island nation slapped Captain Claus-Peter Reisch with a €10,000 (£8,497) fine last May for sailing without a flag – a legal requirement for all ships sailing at sea.
Mr Reisch and the crew of the Lifeline, a ship operated by the German charity Mission Lifeline, had rescued 234 refugees from the central Mediterranean at the time and were flying the Netherlands’s flag.
But upon disembarking the refugees in Malta, the Dutch authorities claimed it didn’t recognise the ship despite never having an issue with the Lifeline previously.
Yesterday, Malta’s court of criminal appeal quashed the May conviction, saying the prosecution was unable to prove that Mr Reisch had entered Maltese waters with any criminal intent.
“Yes, it’s actually true, I’m acquitted,” Mr Reisch tweeted today. “The ship registration was valid.”
A Mission Lifeline spokesman in Malta told the Star that though the charity was pleased with the ruling, it did not provide the closure they had hoped for.
“The court has dropped the criminal proceedings against the captain but have upheld the administrative judgement,” the spokesman said.
“So there’s no criminal liability. There’s no criminal intent. There’s no deception. There’s no fraud. But for the boat to move, it does need to get a new flag.
“A flag is like a numberplate on a car; you can’t go anywhere without it. But it’s a lot more politicised than that.
“A lot of countries aren’t prepared to get involved in the politics around sea rescue. So it’s going to be quite difficult.”
The Lifeline remains in Maltese custody.