Kerala HC Clears Three MSC Elsa 3 Crew to Return Home

Justice Bechu Kurian Thomas permitted Ukrainian national Hordyeyev Valeriy and Filipino nationals Castaneda Ronald Punzalan and Velasco Ryan Ontolan to return to their home countries, noting that there was currently no material on record to implicate them in the shipwreck. The court directed that each of them execute a simple bond of Rs 10 lakh with two solvent sureties, or alternatively furnish a bank guarantee of Rs 1 lakh, before the jurisdictional court.  The seafarers must also undertake to cooperate with the trial and the ongoing probe under Section 360 of the Merchant Shipping Act, 1958, which pertains to investigations into shipping casualties. They are required to return to India if summoned by the jurisdictional court or investigating officer, provide their permanent addresses and mobile numbers, and file affidavits committing to appear via virtual mode whenever directed.

In parallel, the high court adjourned to June 15 the pleas of four other MSC Elsa 3 crew members who have been named as accused by the Coastal Police Station, Fort Kochi. These include the vessel’s master, Captain Ivanov Alexander of Russia, Filipino national Reynold Paredes Mahinay, Ukrainian chief engineer Oleksii Chornyi, and Georgian national Kakhidze Roman. While hearing their applications to travel back to their countries, the court said it would explore options to expedite the pending proceedings.   A report from the judicial first-class magistrate court, Thoppumpady, submitted in compliance with an earlier high court directive, stated that the inquiry under Section 360 of the Merchant Shipping Act had been scheduled for June 26 for examining Captain Alexander and chief engineer Chornyi. The high court has now asked the magistrate to consider advancing this schedule and ordered Alexander and Chornyi to appear before the magistrate at 10am on June 12 so that their examination can be preponed.