If you’re as confused as most people by the exact circumstances surrounding the continuing presence in Fiji of the Russian super yacht Amadea, join the club. Here’s our modest attempt to cut through the fog.

Twelve days ago — on April 14 — the CJ Patel Fiji Sun newspaper trumpeted an exclusive with Police Commissioner Sitiveni Qilihio, reporting that the Amadea had been seized. It had not. In fact, it still hasn’t been formally seized.

What happened last week is that the Office of the Director of Public Prosecutions (DPP) obtained a restraining order from the High Court to prevent the Amadea from leaving Fiji. Until that order was granted, there was every possibility in the intervening period of the vessel leaving.

In fact, lawyers for the owners were arguing that there was no legal justification to detain the Amadea any longer after they had reportedly paid an amount in fines for customs infringements.

It was only when the High Court granted the restraining order that leaving was no longer a legal option.

Indeed, all along there has been a suspicion that the vessel might try to make a run for it. It has a significant armoury and the security forces would have already factored in their ability to prevent a determined attempt to leave.

This application was lodged by the Office of the DPP on a warrant issued by the United States government. The papers are from Washington DC and passed through the Attorney-General’s Office before carriage of the matter was given to the DPP under the Mutual Assistance in Criminal Matters Act.

A second case
Now there is a second case that has been brought before the High Court for the Amadea to be seized. Yes, taken from the owners altogether in line with the American-led sanctions that have been imposed on the nautical playthings and other toys of Russian oligarchs and Vladimir Putin’s cronies the world over.

The High Court will hand down its judgment next Tuesday (May 3), which is expected to be in Washington’s favour.

And sometime after that, the Amadea will presumably become the property of the US government and sail off into the sunset under the command of Uncle Sam in the direction of the US.

It has been an astonishing saga. The original, mostly European crew, had orders to sail from the Mexican port of Mazanillo across the entire Pacific to the Russian port of Vladivosok via Lautoka, where the Amadea has been refuelled and resupplied.

Their services have evidently been terminated and an entirely Russian crew has been on standby to take over when it finally gets permission to sail. Alas for them, their journey to Fiji will have been in vain.

Incredibly, there is still doubt about the vessel’s true ownership. The whole world has been told that it belongs to the Russian oligarch, Suleiman Kerimov, but there is still evidently no conclusive proof — the vessel’s ownership evidently buried in a labyrinth of multiple shelf companies in places like the British Virgin Islands and the Cayman Islands.

For the purposes of the High Court case in Suva, the owner is officially stated as being Millemarin Investment Limited. Is it Suleiman Kerimov?

No evidence about Kerimov
Millemarin Investment’s local lawyer, Feizal Hannif, told the court there was no evidence that it is. He said the vessel’s beneficial owner was in fact one Eduard Khudaynatov. But counsel for the DPP, Jayneeta Prasad, argued that the ownership of the vessel was not an issue. It was subject to a US warrant and the ownership issue was for the American courts to decide.

So fortunately unravelling all of this is not Fiji’s problem. But what was Police Commissioner Sitiveni Qiliho doing 12 days ago telling the Fiji Sun that the Amadea had been seized when we won’t know that for certain until next Tuesday, nearly three weeks after the Sun “scoop”?

And is there going to be any attempt to set the official record straight?

Australian-Fijian journalist Graham Davis publishes the blog Grubsheet Feejee on Fiji affairs. Republished with permission.

Article by AsiaPacificReport.nz

The High Court in Suva has allowed an application by the public prosecutor to stop the super yacht Amadea belonging to Russian billionaire Suleiman Kerimov from leaving its waters.

Kerimov, who was not on board, is facing sanctions from the United States, Britain and the European Union over Russia’s invasion of Ukraine.

Fiji’s Director of Public Prosecutions Christopher Pryde filed the application on Tuesday — a week after the yacht moored at the Lautoka Wharf without customs clearance.

Pryde confirmed that the US was seeking to seize the vessel.

In his application, he requested that: “Amadea be restrained from leaving Fijian waters until the finalisation of an application to register a warrant to seize the property and that a US warrant to seize the Amadea be registered.”

The court is yet to hear the application.

FBC News reports says a second application for the US to seize the yacht will be heard today.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The Fiji Revenue and Customs Service has issued two infringement notices to the captain of the seized Russian super yacht Amadea which is berthed in Lautoka port.

These are notices under Section 14 of the Customs Act of 1986 for failure to comply with procedure on arrival and Section 17 which deals with failure to comply with people disembarking.

Section 14 deals with infringements under “procedure on arrival” where the master of every aircraft or ship arriving in the Fiji Islands shall bring the ship or aircraft to an airport or port or mooring without touching at any other place.

A fine not exceeding F$20,000 (NZ$14,000) or imprisonment for four years applies for the infringement.

Section 17 deals with “provisions as to persons disembarking from or going onboard an aircraft, ship” and states a person who contravenes or fails to comply with any direction given by the Customs comptroller under the provisions of this section is guilty of an offence and is liable to a fine not exceeding F$10,000 (NZ$7000).

“These charges are as per the Customs Act 1986,” said Police Commissioner Brigadier-General Sitiveni Qiliho.

“Normally the Act, (FRCS) Fiji Revenue and Customs Service acts on a fine matrix. If he pays the fines, then good otherwise, we will need to go to the court.”

US officials join investigation
Repeka Nasiko reports that American government officials are working with the Fiji Police Force in investigations over the Amadea.

Police Commissioner Brigadier-General Sitiveni Qiliho said the US investigators had already boarded the super yacht.

Commissioner Qiliho said investigations were progressing well.

“We are working very closely with the US government in regard to the current seizure of the yacht at the moment while we go through that investigation process,” he said.

He said the next course of action would not take place overnight and “probably take the next couple of days”.

The crew, he said, were on board and the person of interest was the captain of the vessel.

“The crew are of other nationalities.

“Their embassies and high commissions have been in touch with the investigation team and we are working through the US government with those embassies regarding the crew members who continue to be on board the vessel.”

He added that all relevant defence and border agencies were involved in the investigations.

“We have the RFMF through the Fiji Navy, Customs, Fiji Police and our international counterparts that monitor the movement of vessels.”

Amadea is reportedly owned by Russian oligarch Suleiman Kerimov, who is currently sanctioned by foreign governments, including the US, over the Russian invasion of Ukraine.

Anish Chand is the Fiji Times West Bureau chief reporter; Repeka Nasiko is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz