Pirates Appeal Against US Sentence

[MMNETSEA]

The Washington Post carries this report today :-



Somali pirates who attacked Virginia-based ship to appeal conviction

By Maggie Fazeli Fard

The Somali pirates found guilty of attacking a Virginia-based warship off the coast of Africa last year are looking to appeal, claiming that since their high-seas robbery failed, their piracy conviction cannot stand.

Attorneys for the group of five men are expected to argue this technicality in Richmond Tuesday, reported the Associated Press.

”They fired on a Navy ship. That's the whole case,” David Bouchard, an attorney for the Somali men, said prior to the trial. They didn’t go on the boat. They didn’t shoot anybody. They didn’t rob it.”

On April 1, 2010, the men shot at what they mistakenly thought was a merchant ship, but was actually the USS Nicholas. Unsuccessful, they tried to flee but were eventually captured and tried in the United States.

Mohammed Modin Hasan, Gabul Abdullahi Ali, Abdi Wali Dire, Abdi Mohammed Gurewardher and Abdi Mohammed Umar were convicted in November of piracy, attack to plunder a vessel, act of violence against persons on a vessel, assault with a dangerous weapon, assault with a dangerous weapon on federal officers and employees, conspiracy to use firearms during a crime of violence, and multiple firearm counts, including the use of a rocket propelled grenade.

Judge Mark S. Davis of the U.S. District Court in Norfolk sentenced the five men in to life in prison.

By Maggie Fazeli Fard | 07:09 AM ET, 09/20/2011

[Oldsquizzy]

Well thats a novel defense....I did not succeed in doing what I set out to do...Therefore it never happened..ludicrous.

[Francis]

Is that called a technicality in legal terms? Hope the judge won't fall for that one. I was wondering where the pirate's lawyer fees originate from?

Fair winds

[chiroeurope]

You know if the original penalty for that crime was still enforce there would be no appeal.

Michael

[delatbabel]

In some countries (Indonesia springs to mind), if you appeal against a sentence and the appeal fails, the sentence can be increased. Appeal against a 20 year sentence for drug trafficking and you could find yourself with a 30 year sentence.

[redbopeep]

so a life prison sentence would become???

[delatbabel]

Originally Posted by redbopeep

so a life prison sentence would become???

Check the recent cases such as the "Bali 9" drug runners. I believe that at least one of the convicted drug runners had a life sentence upgraded to death by firing squad at one appeals point, then later reduced to life imprisonment again on a further appeal. 2 are currently on death row, both ring leaders of the drug running operation.