Palolem (Goa), 15 febbraio 2016
Uno dei personaggi piu’ misteriosi in tutta la vicenda e’ il comandante della petroliera Enrica Lexie, Umberto Vitelli. Il suo ruolo e’ stato delicato perche' e’ lui che ha deciso di tornare in porto quando le autorita’ indiane glielo hanno chiesto. Il suo padrone era l’armatore e non la Difesa italiana...Di lui non si e’ saputo nulla, e’ stato tre mesi in ostaggio a Kochi quando la nave era sotto sequestro. Quando e' ripartito il suo contratto lavorativo era ormai in scadenza.
Nel giugno del 2013 pero’ e’ tornato in Kerala per testimoniare all’ufficiale P.Vikraman della National Investigative Agency. E’ stato costretto a tornare perche’ la Corte Suprema prima di dissequestrare la petroliera aveva chiesto all’equipaggio di rendersi ‘disponibile’ per la magistratura. Pe garantire la presenza dei testi i giudici avevano imposto una pesante cauzione (che e’ poi stata restituita all’armatore dopo l’interrogatorio).
Questa e' deposizione di Vitelli che era allegata tra i documenti presentati all’Itlos. Niente di segreto quindi.
Lui non c’era sul ponte di comando al momento degli spari, ma quando ha sentito “urlare” e’ andato sulla plancia ad assicurarsi che la nave fosse pilotata a mano per mettere in atto le misure anti pirati (accelerazione e zig zag). Sostanzialmente dice che non si occupava di cosa facevano i maro’, ma soltanto della sicurezza della nave secondo il manuale delle Best Management Practices (dell’Imo). Anzi probabilmente come traspare era anche un po' irritato ad avere gente armata a bordo. Dice che a Galle, in Sri Lanka, quando ha imbarcato il team Latorre, sono state issate a bordo delle ‘casse’di armi, ma che non sapeva cosa erano perche’ era segreto della Difesa. Secondo lui, non si e’ trattato di un attacco di pirati.
Interessante e’ sapere che i maro’ erano saliti il giorno prima,quindi erano solo da un giorno a bordo!
Annex 27
STATEMENT OF MR VITELLI UMBERTO, CAPTAIN OF THE MV ENRICA LEXIE, 15
JUNE 2013
Statement of Mr. Vitelli Umberto, Age 50, PasteraMassalubrense, 5/A
Lumbrense, N5-80061, Napoli, Passport No.F575264 of Italy, Master of
EnricaLexie, Mob No.+39339719130Email- carionov@hotmail.com
My name is Umberto Vitelli, aged 50 yrs. In 1998, I completed my
graduation. After completing the graduation I joined a Merchant vessel MARE
LIGURE as a deck boy. I have 16 years of shipexperience and during this
period Iwas promoted as Master of the ship in the year 2010. In the end of
November, 2011 I joined the Merchant Vessel Enrica Lexie as a Master.
Mr.James Mandley was the Chief Officer. ShriSahil Gupta was the second officer
and Luka Fumari was the 3rd officer. Merchant Vessel Enrica Lexie is an Oil
Tanker.It’sIMO number is 9489297. It is a unique number given by the IMO.
The most important registers maintained in a merchant vessel are Log Book
No.2 in Italian language recorded in my own handwriting and Log Book No.3
maintained by the Duty Officer in English. There is a course recorder book
which will be in a graphic format. There is another Radar Log Book which is
maintained by the Duty Officer. GMDSS Log Book is maintained by the Duty
Officer. On 4th February we started from Singapore and reached Galle in Sri
Lanka. On 12th February Italian Navy Marine Guards boarded the ship. They
were six in number. My owner intimated before going through the high risk
area to have to board Navy Marine Guards. Massimillano Lattore was the
Commander of the Italian Naval Security Guards who boarded the ship from
Galle. When they were boarding, I saw some boxes with them which were
locked. I have not perused the weapons since it was classified (secret) of the
Italian Navy. After their boarding I initiated a drill. I do remember it was on
12th or 13th. The drill was for familiarizing the navy guards with the crew. I
introduced the Navy Guards to the crew. The drill was done for the purpose
of safe navigation. If anybody suspect piracy attack, everybody should reach
at the safe post within no time (within two minutes). The Navy guards were
also armed. As per the agreement between Ministry of Defense, Italy and the
Ship Owner Federation in Article 5.1, I have no control over the Navy Guards.
My responsibility is safe navigation.I have not given any instruction regarding
Best Management Practices to the Navy Guards. I think that the Italian Navy
Guards know the Best Management Practices issued as guide lines by IMO.
Regarding their capacity& specification of arms, I have no knowledge. The
security drill which was performed on board was recorded in Log Book No.2
by me. We started from Galle on 14th February, 2012. We were sailing to Port
Said of Egypt. If any suspicious vessel is spotted, the duty of the Master is safe
Navigation by changing the course of the vessel or increasing the speed. As
per Best Management practice, the ship Enrica Lexie is fitted with Barbed
wire. This is having razor edges and if somebodytry to enter the ship, he
would get injured.During the security drill, when I was switching the alarm, all
crew under me would take the safe position within two minutes and the Navy
Guards are taking some positions in the ship. But they were not under my
control. I have not reported the presence of armed guard on ship to the
Coastal State since I have not crossed the 12 Nautical Miles within the Coastal
State, India. I have not given any instruction to report to the Coastal State as
the ship was not within 12 Nautical Miles of the Coastal State. I have no
knowledge that I have to report to the Coastal State the presence of armed
guards when crossing through EEZ of the Coastal State. Now I have seen the
circular of Ministry of Shipping Dated 29 Aug.2011, Para 7 and 7.6 of MOS
circular F.No.SR-13020/6/2009-MG (PT) which says so. I was not aware of
this.On 15.02.2012, at about 4.00 p.m. ship time I heard shouting on the
starboard side. I rushed to the control panel to ensure that the ship is on hand
steering. Able Seaman was doing the hand steering. Chief Officer James Victor
Mandley Samson, Second officer Sahil Gupta, Able sea man Fulbaria, ordinary
sea man Rao andNoveilo Carlo were also present in the Wheel House. I heard
the firing shot. I pushed the alarm. After the alarm, I announced in the public
announce system that this is not a drill we are under pirate attack, everybody
come to the Citadel in two minutes. I pushed the button in the Ship Security
Alert System (SSAS) in the ship. The message will be gone automatically to
IMRCC. We failed to push the VDR since we were not aware there was a
casualty. I have not watched the starboard side. I have seen the boat around
80 to 100 mtrs from the ship. I have seen the fraction of the boat. This is the
hard copy of the report which I have sent to UK MTO MSCHO and this is the
Photostat copy of the print out of the mail which I have handed over to Kerala
Police.The contents in the mail which says flashing search lights showing their
weapons and sighting of six armed men on the boat and fired warning shots
were briefed to me by the Marines Massimilano Lattore and Salvatore
Gerone. I don’t remember who typed it but it was sent by me and the
contents were narrated by the Italian Marines.This Log No.2 was written as
briefed by the Marines Squad.These Log Books in original were handed over
to Kerala Police by me. I also provided the attested copies of Radio Log Book,
Composer Log Book, Course Recorder Log Book, GMDSS Log book and VHF
Log Book to the Kerala Police. Thesea was normal and the visibility was ok.
We got the call from MRCC Mumbai and we have disclosed the incident. They
asked the position, course etc. and I explained. They have spoken to Sahil
Gupta, 2nd Officer. I don’t remember whether they have spoken to the Chief
Officer. The Coast Guard asked to change the course to Kochi. After that we
had VHF communication with Coast Guard people. The ship anchored at Kochi
Port on 15.02.2012 night. On 16.02.2012 at 10.45 A.M. Coast Guard Officer
entered the ship. The Coast Guard Officer told me that two fishermen were
got killed. In the presence of Councilate General, the Coast Guard Officer had
an interaction with Italian Marines. Massimilano Lattore and Salvattore
Girone explained the incident to the Coast Guard officer in the presence
Mr.Kuthilo. It was very private meeting. The commander of the squad
Massimilano Lattore told me that “we fired warning shot”.I was examined by
Kerala Police earlier. I can identify Massimilano Lattore and Salvattore Girone
and all armed member squad. On that day there was a bunch of shots which
lasted 2 to 3 seconds. The daily relevant events happened in the ship will be
recorded in the log book No.2. It was made in Italian language and it is in my
own hand writing. Log Book No.3 is maintained by the Duty Officer. It has two
parts. One part contain the meteorological detail like wind, sea, intensity,
direction, sky, visibility, barometer and thermometer, humidity and the
course the ship followed. The second part contained from where to where
the ship is going and also the time, GPS location and important events.
Wireless log book is maintained by the Duty Officer. The communication will
be recorded in this. The Global Maritime Distress Safety System (GMDSS) log
book is maintained by the second officer. Important meteorological events
and testing will be communicated to the Coastal State through GMDSS Log.
The Compose error book is maintained for measuring the difference between
magnetic compose and Gyro Compose. In the bridge there are two radars.
Duty officer is the in-charge of these radars. In the radar log, when it started
operating, when it finished the operating and how performance of the radar
would be recorded. Echo sounder book is an automatic machine fitted with
the ship in which we can get the depth of the sea in a printed graphic format.
I have followed Best Management Practices-4. As per para No.3 .1 of Best
Management Practices, I have made risk assessment and communicated to
my owner and the voyage route was also mentioned. I have forwarded
thecopy of the voyage plan to my owner. There was a security alarm in the
ship. After hearing the shout, I rushed to the control panel and pressed the
fog horn and then alarm (Alarm connect with fog horn). Around the ship
barbed razor wire is fitted. Dummies were placed in some part of ship in order
to avoid piracy attack. This was also done as a risk assessment. There was no
internet in the ship so I was not able to monitor the piracy related website.
But my owner sent the piracy related information on daily basis. There was no
specific piracy threat at the Arabian Sea on that day.I have carried out all the
directions under section 7 of BMP-4 like briefing the crew, conducting the
drill, preparing an emergency communication plan and put it near the bridge
computer. As per section 7(3) of BMP-4, the entire data of the ship was
always switched on in the AIS system. The owner has submitted the vessel
movement registration form to MSCHOA. Every 12 hours I have reported our
entry to the UK MTO by mail. During high risk area I have ensured that
engineering and maintenance work are at the minimum and I used to submit
the vessel position report to UKMTO. We were planning to get the military
convoy on the upper portion of Indian Ocean. In this connection my owner
has been communicated. I don’t remember which warship probably it may be
Korea or Japan. I am not sure whether I have intimated the UKMTO and
MSCHOA regarding the presence of armed navy guards but in my report to
the UKMTO I have mentioned the presence of 6 Navy Guards. In my report dt.
16.02.2012 I have mentioned the presence of armed Naval Marine Guards on
Ship. I am aware that during the attack time, I can make self-maneuver like
changing the course and enhancing the speed for escaping from the piracy
attack. In this case I came to know after hearing the shout and fire, that speed
was increased.I have pressed the SSAS button and it is recorded in the Log
Part-2. The message will be automatically sent to Italian MRCC. I am not sure
whether they communicated to Bombay MRCC.I don’t know whether the
Commander of Italian Marines was in touch with his superiors. It is the
responsibility of the captain (myself) to press the button of the VDR.When I
saw the boat from the bridge I have not seen any armed person on the board
of the boat. I did notsee any ladders or hooks in the boat. I have not cross
checked with Fulbaria about the presence of the armed man and other crew
members. Only the Italian Naval Guards conveyed the message to me in
Italian language. In my experience I have not faced any pirate attack. They
have not disclosed anything to me. Massimilano Lattore told me that he fired
warning shots. Salvatore Girone also probably told me like that. I didn’t ask
them details of their warning shot.On 8th May, 2012 I completed the contract
with Enrica Lexie. After that I made contract with ‘SOUTH RIVER ITALIAN FLAG
SHIP’ on 25th March, 2013. I couldn’t complete the contract with ‘South River’.
Captain is in charge of the VDR. It has a button to press. The data in the VDR is
stored in a hard disc. I don’t know the capacity of the hard disc. When I press
the button of the VDR first time, it will automatically save the contents upto
12 hoursback.I subsequently presstwo more time with the VDR for getting the
data upto 12 hrs back from the time of pressing.If it is not pressed the data
will be over written. The VDR hard disc has been seized by the Kerala Police.I
don’t remember when the annual performance test of VDR was done. But
every certificate was verified before starting from Singapore. The maker will
provide the particulars of the VDR. After the VDR (hard disc) was seized by the
Kerala Police, we obtained permission from Italy as well as from the Coastal
State for sailing up to Colombo without hard disc of VDR.We replaced it at
Colombo. My mobile number is +393397139130. When documents were
handed over to Kerala Police, I have signed the mahazar prepared by the
Kerala Police. I don’t know whether the over written data can be retrieved
from the VDR hard disc. Only the supplier company can tell the details.
Read over to the witness and admitted by him to be correct.
Recorded by,
Sd/-
(P.Vikraman)
Dy.Superintendent of Police,
National Investigation Agency,
Kochi. 15.06.2013