Judge Mulls Piracy Charges

A federal judge in Norfolk, Va., today refused to dismiss several charges against a group of Somalis accused of attacking a Navy ship, but he postponed a decision on whether to throw out the most serious charge of piracy, which carries a life prison term.

Defense attorneys for six Somalis charged in the April 10 attack on the Ashland had asked to have assault and firearms charges dismissed, citing a lack of evidence. But the judge ruled those charges would stand.

Federal District Judge Raymond Jackson heard arguments from both sides today, then said it will take him a couple of weeks to decide whether the government can prosecute the more serious piracy charge.

Judge Jackson said no modern-day case law exists to guide his decision, which means he must review whether the so-called “law of nations” – international and United Nations resolutions, laws and treaties – applies in this case.

No matter what he decides, attorneys said his decision will be an historic one. The last U.S. court ruling on piracy was in 1820.

The Somalis are accused of firing at the Ashland, an amphibious dock-landing ship, with the intent to seize and plunder it. The Somalis claim they were ferrying refugees from Somalia to Yemen when they became lost at sea. They fired at the ship, they say, out of a desperate attempt to get attention.

A second group of Somalis charged with attacking the Norfolk-based frigate USS Nicholas on April 1 are also awaiting trial. They filed similar motions, which are scheduled to be heard in September.