The 15 accused were charged with three counts of piracy against the MV Sunshine. Section 65 of the Penal Code, as amended by Act 2 of 2010, which was the law in force at the time of this incident, is based on the definition given to piracy in art 101 of UNCLOS.

Held: The accused are convicted and sentenced on all counts.

From the evidence it is apparent that the Somalis who committed the illegal acts of violence on the MV Sunshine were part of a larger team that were  on board the Al Molai. Further, the evidence of the witnesses clearly shows that weapons, namely AK 47 rifles, ammunition and a pistol, and two more skiffs, were found on the Al Molai. Considering all these facts, especially the fact that the Somalis who committed the illegal acts of violence on the MV Sunshine were observed joining this larger vessel, and had gone into hiding when the team from the USS Kidd boarded the Al Molai, and the fact that there were two more similar skiffs aboard the Al Molai, it is clear that the Al Molai was being used as a base or mother ship for skiffs to launch attacks and commit illegal acts of violence or piracy on other ships. The Somalis who committed the acts of violence on the MV Sunshine were part of a larger group of armed persons of Somali origin who were on the Al Molai.

This Court is satisfied that the accused who were on board the skiff committed, for private ends, illegal acts of violence on the MV Sunshine on the high seas. This Court is further satisfied that the accused identified on board the skiff were part of a larger team that were on board the Al Molai acting with common intention to prosecute an unlawful purpose, namely piracy of the MV Sunshine, in conjunction with one another: see Republic v Ali [2010] SCSC 99 (CMI1678). The Al Molai was flying the Iranian flag. On considering the evidence of the officers of the boarding team and the aforementioned facts, this Court is satisfied beyond reasonable doubt that the Al Molai was an Iranian vessel with an Iranian crew, who were under the control of, and were being detained by, the 15 accused Somalis who were  on board the vessel.

In the light of all the above findings, the defence contention that the 15 accused were merely out fishing with the Iranian crew, and 'fun-riding' following tankers, and were carrying weapons for their own protection, cannot be accepted. The defence of the accused stands rejected.