Scene Examination Report

This document will analyse "ANNEX 8" attached to Indian documents filed at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg on 6 August, 2015

   Scene examination report No. B1-873/FSL/2012, 19 April 2012

In this document, Indian investigators examine the Scene of Crime:

  • - bodies;
  • - oil tanker Enrica Lexie;
  • - fishing vessel St. Antony.

Reached conclusions are interesting:

Annex 8 - Conclusions
Annex 8 - Conclusions.

  1. Bullets were shot by 5.56mm caliber guns;
  2. Trajectory direction is downward.

Therefore, conclusions are precise but it is necessary to find evidence of them in the document.

The document

It is a five pages document (only five!) where they examine:

  • - bodies of two firearms-killed people
  • - one 50,000 tons oil tanker
  • - one fishing vessel

Two pages (two!) are focused on the fishing vessel, aimed at detecting the impact of the three bullets that hit the completely wood-made boat.

The inspection was made on 17 February 2012, therefore two days after the event.

Holes measurements are the following:

Bullet n. 1
  • - dimension 80.1 x 13.5 mm
  • - dimension 22.1 x 9.7 mm
  • - dimension 51.2 x 16.7 mm
  • - dimension 7 x 5.6 mm
Bullet n. 2
  • - dimension 5.5 x 2.2 mm
  • - dimension 4.2 x 3.6 mm
  • - dimension 3 x 2.2 mm
Bullet n. 3
  • - dimension 5.1 x 5.5 mm
  • - dimension 5.3 x 5.7 mm
  • - dimension 7.7 x 26.9 mm

  • - 6.1 x 6.5 mm (regulator)
  • - 6.4 x 4.8 mm (regulator)
  • - 5.5 x 7.1 mm (regulator)
  • - 4.8 x 4.7 mm (regulator)

Discussion

Bullett firing from cal. 5.56mm rifle

It may be stated that, according to detected data, conclusions reached in the document (cal. 5.56mm bullets) are very peculiar.

In order to be clearer, it may be mentioned the proved existence in that area of “AK series” submachine guns, made in the former Soviet Union and other Countries, which can be AK47 (7.62x39mm caliber) and AK74 (5.45x39mm caliber)

PCASP perform an anti-piracy exercise. All armed with AK74
Privately Contracted Armed Security Personnel (PCASP) perform an anti-piracy exercise. All armed with AK74.

The 5.45mm caliber is just 11 hundredths (11/100) of a millimeter smaller than 5.56mm and, in this case, they are affirming that the Indian official could have distinguished a 11/100 mm difference with the naked eye, thus concluding he was in presence of 5.56mm caliber bullets – caused holes.

Cartridges in caliber 5.56 and 5.45 mm
Cartridges in caliber 5.56 and 5.45 mm.

In addition, the exam was made on holes on wood, without considering that, in contact with the sea water, wood becomes wet, swells, and so on (it is notorious that wooden parts of ships, if damaged or splintered, have to be immediately protected through specific varnishes, otherwise everything rots)

The video filmed by a private Indian TV, from Kerala, Venad News, confirms that this inspection was made in an approximate manner and without particular technical equipment.


"downwards" traiectories

Document in object is completely lacking of photographs, designs, 3D reconstructions, which are now publicly available and are essentials in order to reconstruct the “Scene of Crime”.

Bloody traces have not been searched to establish where victims fell.

No sample has been taken to establish the presence and the nature of gunpowder residuals (detectable at molecular level through the mass spectrometer).

And so on.

What you would expect to find normally within a crime scene report
What you would expect to find normally within a crime scene report.

The undersigned, analyzing the trajectory on the unique hole that is possible to detect by using public images – both the entrance hole and the exit hole – reached opposite conclusions as regard to "downwards" direction.

See the document at the link (published on June 2013): Technical analysis of the trajectory of the bullets

The analyzed trajectory is almost horizontal, not compatible at all with shots from the top of the Enrica right dashboard wing (24 meters on the sea level).

Therefore, the undersigned considers “downwards” trajectory as the 5.56mm caliber: unsubstantiated.

Aspects of criminal procedure

The two Italian soldiers have not been arrested yet on 17 February 2012, therefore – with the exemption of not repeatable acts – the inspection and consequently the technical analysis of the fishing vessel should have been repeated at the presence of experts appointed by the defense, according to regular methodology and using adequate technical tools.

State of conservation of the St.Antony fishing boat
Neendakara 2012-2013. State of conservation of the St.Antony fishing boat, the crime scene.

This did not happen, and in April 2012 St.Antony has been returned to its owner who sank it, thus compromising any additional analysis.

Then the fishing vessel has been pull aground and left without any protection from bad weather, accessible to anyone (there are some videos of TV crews on board of the vessel to film).

Therefore, the wreckage is now useless for judicial purposes.

Conclusions

This "inspection" on the scene is unsubstantial in relation to the used methodology and misleading with regard to conclusions. It has been useful only in order to create another document where “Italian guilty” is proclaimed without any probative, not even circumstantial, evidence.

This is not to say that the police official (NISHA NG, who is the same that signed the ballistics report) is an unexperienced man who measures holes with the measure tape and draws conclusions based on hundredths of a millimeter. At the contrary, being a person with adequate professional competence, he knew what he was doing very well.