Massimiliano Latorre and Salvatore Girone, the Italian marines arrested and listed as accused number one and two in the Enrica Lexie firing case, were produced before the Kollam District and Sessions Court on Saturday following a production warrant issued by the court in its capacity as the trial court for the case. This marked the commencement of trial proceedings of the case before the court.
Immediately after appearing before the court, the marines made a request before Judge P.D. Rajan for executing the ‘vakkalath’ showing Supreme Court lawyer C.S. Nair and lawyer A.K. Manoj as the defence counsel. After completion of the formalities, submissions from the defence counsel, and objections to the submissions from Special Public Prosecutor G. Mohanraj, the judge posted the case for preliminary hearing on June 18.
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The defence side also raised the issue of jurisdiction. The submission was that since the issue would be coming up before the Supreme Court on July 26, the trial proceedings should be kept pending till that date. This submission was based on the plea of the Italian government before the Supreme Court that the firing incident had taken place on international waters and so the jurisdiction of the case should be Italy.
The prosecution challenged that submission by stating that the Supreme Court itself had made it clear that pendency of petition would not mar the trial proceedings before the trial court. “In the light of this specific direction of the Supreme Court, there is no embargo for continuance of trial,” Mr. Mohanraj told the court. The court accepted the argument of the prosecution by posting the case to June 18 for preliminary hearing.
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