Subscribers - Click here - Caribbean Compass

READERS'
FORUM
PONDERING PIRACY PREVENTION
Dear Compass,
I read with interest Frank Virgintino’s article
“Cruising Without Fear” in the September 2012 issue
of Compass, a superb picture of piracy in Venezuela
(as he must have intended). I have been sailing full
time, single handedly for 12 years and had my share
of unwelcome attention at sea.
Prevention is indeed better than cure, not least
because it is a delicate piece of surgery to detach yourself
from unwanted guests. In my experience pirates
can be discouraged but one normally has almost no
time to plan, or to make them change their plans.
Once contact between hulls is made it is the end for
the victims.
I will not recount my own experiences but while
reading the article I inevitably took in the photograph
(taken in the Red Sea) of a small boat with a boarding
ladder as if I had the problem. The vessel’s fuel tank
is, it appears, in a wooden cuddy. A full-bore rifle will
overcome this and cause the fuel tank to burst into
flames if struck. The vulnerable parts of the engine
are: fuel system, electrical system, and cylinder head
valve gear. I could not possibly “do a Nelson” and hit
the waterline to sink the vessel, but bullets exiting the
hull will make a very large hole sinking it in minutes.
It is now legal for a British yacht like mine to carry a
rifle and I know, as an expert in small arms, which one
to carry. But where to buy what I believe is now a necessary
deterrent?
Sign Me,
No Names Please
CRIME AND PUNISHMENT
Dear Caribbean Compass,
A letter in the November 2012 issue from “DNA” told
how he was treated by Dominica (not Dominican
Republic) authorities. Following his letter was a reply
from Hubert Winston of the Dominica Marine
Association. Mr. Winston said that, “common sense
would have prevented the entire situation.” I agree
with him: common sense would have prevented the
entire situation, i.e. common sense displayed by the
Dominica authorities. DNA, the owner of the boat,
could not have displayed common sense, as his error
was one of ignorance of the law.
I believe that the authorities acted properly by taking
the boat into custody, as the skipper of the boat had
illegally discharged passengers onto the territory of
Dominica. That is an offense in every country of the
world, as Mr. Winston points out. However, what Mr.
Winston fails to discuss is the question of intent. A
crime is committed when there is intent to commit it;
otherwise it is an error, grievous as it may be.
DNA’s boat was boarded by armed Coast Guard personnel
and taken into custody. When they reached the
wharf the authorities did not let the skipper dock but
rather docked the skipper’s boat, causing damage to it.
Then the owner reports “they inspected the yacht in
every corner and left everything in a mess. They
shoved us in a car and drove us to their main office.
They treated us like real criminals: we were watched
all the time by armed officers, and locked into a room
and interrogated for hours, photographed, spoken
badly to, fingerprinted and so on. After hours in their
custody, we still didn’t know what was going on….”
There is no doubt that DNA, as the skipper refers to
himself, committed an offense. The question is, what
should be his punishment and how should he and his
mate be treated? After arrest they should have been
taken, charged and allowed to understand their charges
and consult an attorney. Instead, they “were shoved
in a car.” Then they were “interrogated for hours.” And
finally they were “spoken to badly.” That they were
arrested and taken into custody and fingerprinted is
proper. Being shoved around, interrogated for hours
without the benefit of counsel and spoken to badly are
the actions of a roughhouse group who seem to believe
that they are judge, jury and executioner.
Certainly the authorities of a country like Dominica
have a variety of issues that they deal with daily. Are
they not trained in how to comport themselves? Do
they not know that one is innocent until proven
guilty? Is there no training at all that allows them to
distinguish between real criminals and those that
have made a mistake? Mr. Winston says that, “it was
unfortunate the skipper got a rude awakening… but
that he has to understand that he does not have to
touch land to be in violation of the laws pertaining to
disembarkation of guests or crew.” He should have
said that it was unfortunate that Dominica stained its
reputation by being rude to a tourist who made a mistake.
Mr. Winston also said “The skipper, if he is a
skipper, should know the marine laws of every island
in the Caribbean….” What does he mean, “if he is a
skipper”? How many pleasure yacht captains, even
commercial captains, know every marine law in every
land in the Caribbean?
If the authorities arrested the skipper and his mate
and treated them with respect, as would have been
appropriate, and had they come to the conclusion that
an error was committed with no intent, then the skipper
should have received a warning and let go. Instead
he was fined US$4,000.
DNA says that he will “delete this island from his
nautical charts.” I will think twice before I will call
there as well. The cruising community needs to look
beyond the error that was committed by this “skipper”
and look to the treatment that one must face if one
commits any error in this country. When a guest commits
an error in one’s home, good manners always
dictate that it should be handed as gently as possible.
For the offense that the authorities of the island
nation of Dominica have committed against a cruising
boat by their rough handling and arbitrary and costly
fine imposed without merit against this skipper; his
boat and crew, on behalf of the cruising community
the sentence that I suggest we impose is for our…
—Continued on next page
Read in
Next Month’s
Compass:
Big Pull-Out Calendar
of Events for 2013
Select Shortwave and
Internet Weather Sources
St. Croix Regatta —
Back with Gusto!
… and more!
Stock Up
on the widest selection and the
best prices in Grenada at our two
conveniently located supermarkets.
Whether it’s canned goods, dairy
products, meat, fresh vegetables
or fruits, toiletries, household goods,
or a fine selection of liquor and wine,
The Food Fair has it all and a lot more.
Hubbard’s
JONAS BROWNE & HUBBARD (G’da.) Ltd.
The Carenage:
Monday - Thursday
8 am to 5:30 pm
Friday until 8:45 pm
Saturday until
1:00 pm
Tel: (473) 440-2588
Grand Anse:
Monday - Thursday
9 am to 5:30 pm
Friday & Saturday
until 7:00 pm
Tel: (473) 444-4573
DECEMBER 2012 CARIBBEAN COMPASS PAGE 35