Court Cannot Give Ruling On Vessels

Press, Volume C, Issue 29599, 23 August 1961, Page 15

Court Cannot Give Ruling On Vessels

(N.Z. Press Association—Copyright)

NORFOLK (Virginia), August 22. A United States Federal Judge said yesterday he would not consider letting Cuba claim sovereign immunity over a pirated merchant ship until United States marshals had posted attachment notices on the vessel. The Judge told State Department lawyers asking for the ship to be returned to Cuba that the Court did not yet have the vessel, and could not determine the question of immunity.

The Court will resume hearing today on whether the Cuban ship, the Bahia de Nipe (3800 tons) could be detained in United States waters for settlement of debts against its owners. The United States State Department has received a request from the Cuban Government for the return of the ship, which sailed to Norfolk last Thursday night with Captain Jorge Navarro and 10 of his crew seeking asylum.

At least four claims have been filed against the ship by business firms alleging unsettled debts. State Department lawyers said that the United States Coast Guard, by refusing to let anyone board the ship, was defending United States rights under Federal law.

“If you had let the deputymarshal go aboard with that little piece of paper (attachment notice) then we could consider immunity,” the Judge said. He is expected to rule today on the question of whether the Coast Guard had the right to continue to prevent the marshals from boarding the ship.