Australian Navy sailor killed as gun goes off aboard ship docked in Mumbai

Neil

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A 28-Year-old sailor from the Royal Australian Navy was killed when his gun went off on board the HMAS Toowoomba, a frigate berthed at the Indira Dock in the city after finishing a six-month tour in the waters of North Africa and the Middle East.

While the Mumbai Police claimed to be in the dark about the incident, Australia's Defence Department confirmed the death, stating the sailor was alone in his cabin when he died and that it was not yet clear whether the gunshot wound was self-inflicted or accidental.


"The Chief of Navy and all members of the Navy family are saddened by this loss and offer their condolences to the family," a statement by the Defence Department said. The name, age and rank of the sailor were, however, not provided.



ABC News quoted Australia's Defence Minister Stephen Smith as saying: "It is gunshot-related, but it'll be the subject of an exhaustive investigation by the Australian Defence Force Investigative Service and so for that reason alone it would be inappropriate to go into any further detail."

"The family has asked for privacy reasons that the sailor not be identified and we want that to be respected. We're also making sure that his mates on board — the sailors — are being offered every support and counselling as required," the minister said.



Staff from the Australian Defence Force Investigation Service was expected to land in the city on Monday night to begin the probe.



"I am not aware of any such incident having taken place," Deputy Commissioner of Police (Port Zone) Tanaji Ghadge said. Officers at the Yellow Gate police station said they were aware of HMAS Toowoomba being docked in Mumbai and that the crew had been in touch with the police for immigration checks. "But we have not received any such report from the Australian ship," said Police Inspector Bharat Bhoite of Yellow Gate police station.



On Saturday, a press conference had been held on board the vessel, during which its commanding officer Andrew Quinn had discussed the operations the HMAS Toowomba was involved in and stressed the importance of maritime collaboration between Australia and India, which would help keep trade lines safe from piracy.

The Ship



HMAS Toowoomba, an ANZAC class frigate with a crew of 190 sailors and officers, is on its way home after a six-month deployment to the Persian Gulf in support of Operation Slipper



While on deployment, the crew had been kept busy with multiple boardings and delivered medical assistance to nearby vessels



Australian Navy sailor killed as gun goes off aboard ship docked in Mumbai | idrw.org
 

W.G.Ewald

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"The family has asked for privacy reasons that the sailor not be identified and we want that to be respected. We're also making sure that his mates on board — the sailors — are being offered every support and counselling as required," the minister said.
So they just show his photo. Brilliant.

"Alone in his cabin." Tells me he was an officer.
 

p2prada

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So they just show his photo. Brilliant.

"Alone in his cabin." Tells me he was an officer.
The photo may have been leaked before the family was notified. But yeah, seems like an officer to me as well. How many ordinary sailors carry a gun in person, especially to bed?
 

Ray

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The photo may have been leaked before the family was notified. But yeah, seems like an officer to me as well. How many ordinary sailors carry a gun in person, especially to bed?
Weapons are not usually carried on person and instead is in the armoury.

I wonder what would be the legal position.

Is the foreign ship, foreign territory and so beyond Indian Law?

Or the ship having docked within Indian water, the incident is under Indian Law?
 

W.G.Ewald

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Mr.Ryu

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:( R.I.P

Damn 6 months in see and on the way home this happen very sad
 

agentperry

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stress took his life i guess as i dont see a role of internal tussle in professional forces like aussie navy. sad. rip to sailor.
 

sayareakd

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Weapons are not usually carried on person and instead is in the armoury.

I wonder what would be the legal position.

Is the foreign ship, foreign territory and so beyond Indian Law?

Or the ship having docked within Indian water, the incident is under Indian Law?
Inside foreign ship, laws of the country where it is registered would apply in this case it will be Australia they will investigate the matter. IF the murder would have happen in Indian soil or territoral water then Indian police.

RIP to sailor.
 

Ray

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Inside foreign ship, laws of the country where it is registered would apply in this case it will be Australia they will investigate the matter. IF the murder would have happen in Indian soil or territoral water then Indian police.

RIP to sailor.
Then the onus is on India since it happened in India's territorial waters.

A 28-Year-old sailor from the Royal Australian Navy was killed when his gun went off on board the HMAS Toowoomba, a frigate berthed at the Indira Dock in the city after finishing a six-month tour in the waters of North Africa and the Middle East.
 

sayareakd

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@Ray sir, ship is consider to be floating territory of the country where it is registered, when i say in the territorial war it means, out of floating territory into territorial water e.g suppose sailor jumps off the ship into water, then it become our territorial jurisdiction. If everything happen within the ship it is their jurisdiction.

Same goes if this would have happen in aeroplane then law applicable to ship shall apply for aeroplane.

Our jurisdiction can happen in this situation in only one case if the murder is committed by Indian national, then he can be tried in India as if murder is committed in Indian soil.
 

Pintu

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RIP to the unfortunate officer, this is really sad :(
 

Ray

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The potential territorial sea extends 12 miles off the coast. Here the State has territorial jurisdiction, but only up to a point--the right of innocent passage still applies. The LOSC says:

1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:

(a) if the consequences of the crime extend to the coastal State;

(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;

(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or

(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

The Straight Dope: In international waters, are you beyond the reach of the law?
Some tid bits!
 

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