This document will analyse "ANNEX 48" attached to Indian documents filed at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg on 6 August, 2015
In this annex, the positions of the two ships at the moment of shooting are shown through a design which describes them in details.
The design appears in this document as realized in CAD 2D (but printed on paper and then produced in hardcopy)
The design is entitled “Scene of Crime” and includes the wind rose in order to enable us to evaluate the respective directions:
- St. Antony toward South;
- Enrica Lexie toward North-West (N-W).
A range of 120mt. from the shooting point (the Enrica Lexie’s starboard bridge wing)
Declarations of the respective diretions
- - SSAS Alert Report, launched at the moment of the event, which indicates the direction “toward 331°" (in this analysis, direction will be considered at 330° in view to use the previously elaborated CAD design. This difference, however, is inconsequential)
- - Mr. Freddy Bosco's declaration released at the police the day of the event, on 15th February 2012 (See Annex 2): "Hence, we switched to the southern direction.."
- - Fishermen’s declaration during an interview at the Hindu on 17th February 2012: "Then they decided to go to another place some 40 nautical miles south”.
Through the wind rose, it is possible to evaluate St.Antony direction, with a very good approximation, at 186° (straight on South it would be 180°. St.Antony in this design sails slightly toward South – West (S-W).
Through the circle sector showing the measurement of distance from the fire point (120 meters), it is possible to evaluate with adequate approximation the distance of St.Anthony from the fire point (100 meters) as well.
It is also interesting the estimate of the extent of impact angle of the bullets in relation to the longitudinal axis of the St.Anthony: 30°, 37° approximately.
In the design, bullets hit the St.Anthony on the starboard (right) where it is possible to see these damages both in videos and in photographs.
There are not any doubts on the fact that St.Antony has been hit on right side, as the designs “Scene of Crime” also shows.
The purpose of this analysis is to verify, through the design “Scene of Crime” in Annex 48 - the compatibility of Bosco’s declaration with what survived fishermen stated later, as well as to verify that the affirmed “South direction” is compatible with damages objectively verifiable on St.Anthony.
Italians witnesses (Latorre, Vitelli) are univocal in affirming that the ship, then involved in the incident, was recorded by radar being “starboard prow” as to the Lexie (Latorre) and heading to the "starboard beam" (the centre of ship right side) (Vitelli).
(See the document “Kinematic Analysis" [in Italian])
By the kinematic reconstruction, it is evident that:
- - even by positioning the approaching ship on the left side with respect to what is considered the band of “starboard prow” at a speed of 8 kts and following a direction toward 186°, it cannot arrive alongside Enrica Lexie;
- - The two ships would cross at a minimum distance of about 900 meters, while the various witnesses and the design in Annex 48 indicate 50 meters from the right side of Enrica Lexie;
- - The angle between the two ships routes is obviously 36°.
However, obtaining other data from the design in Annex 48 it is evident that:
- - The angle between the routes is at 16° approximately; completely wrong if considered that it should be 36°;
- - The angle of Enrica Lexie route as to the North is indicated in approximately 10°, completely different than 30° it should be (obviously, the Lexie was headed to 330 °; to 360 ° (North) there are 30°left).
The design in the Annex 48 is completely wrong and cannot represent the “Scene of Crime” as they boasted of in order to prove the “Italian guilty” to inexperienced and / or unprepared people.
In the CAD 3D design St.Anthony is:
- - At 100 meters from the fire point, as indicated in the design “Scene of Crime”;
- - At 50 meters from the Lexie right side as indicated by various witnesses and by the design “Scene of Crime”;
- - Following a route of 186° as indicated in the design “Scene of Crime ".
Enlarging the scene, it is evident that, using the right angles, the St.Antony shows the left side at the fire point, while shots of bullets are on its right side.
Looking at the scene from above, it is evident that shots would come from the left side, which means the opposite side if compared to what the design “Scene of Crime” indicates and both videos and photographs show.
Design "Scene of Crime" in Annex 48 entitled “Position of the St. Antony and the MV Enrica Lexie at the moment of shooting” is manifestly wrong and consequently misleading in what it peremptorily states: the "Scene of Crime".
People with a little experience or different professional know how (e.g. journalists, lawyers or judges) may have believed that this “Scene of Crime” could be realistic.
The undersigned believes that the drafter of the design had merely indicated the direction of the shots detectable on the right side of the vessel in accordance with the alleged fire point, without even searching any evidence in the witnesses, in widely known data and in consequent routes.
However, the undersigned had already reached – through the May 2013 CAD-3D “Analysis of positions” - the conclusion that, if the St.Anthony was on southern route, it could only expose the left side to the fire point, while shots hit the ship on the right side.
According to Italian witnesses (Latorre and Vitelli), St.Anthony could not approach the Enrica Lexie at less than 700 meters approximately, and in any case it would have always shown the left side, not the right one. (See the document “Kinematic Analysis" [in Italian])
Therefore, by analysing the alleged “Scene of Crime” proposed by Indian authorities to the Court of Hamburg, the conclusion is always the same: shots that hit St. Anthony did not come from Enrica Lexie.