INDIAN OCEAN (April 9, 2009) In a still frame from video released by the U.S. Navy taken by the Scan Eagle unmanned aerial vehicle, a 28-foot lifeboat from the U.S.-flagged container ship Maersk Alabama is seen Thursday, April 9, 2009 in the Indian Ocean. (U.S. Navy Photo)

The Washington Post brings us the following story of the naval intelligence behind the 2009 Maersk Alabama pirate incident and the counterpiracy branch chief at the Office of Naval Intelligence, Brian Green, who was recently honored. They tell us:

Brian Green’s evening played out with ordinary pleasantness that day in April 2009: He coached a soccer game in suburban Maryland. Then he had a leftover taco dinner.

Hours later, fast asleep, Green, the counterpiracy branch chief at the Office of Naval Intelligence, got a phone call he’d known might come someday. The ONI’s watch center in Suitland was on the line to tell him that for the first time in recent memory, a U.S.-flagged container ship — the Maersk Alabama — had been hijacked by pirates. Continue Reading at The Washington Post…

Four people suspected of being pirates approached the ship in a skiff in which a hook ladder could be seen. When the skiff came within half a nautical mile, the ship’s captain authorized the firing of warning shots.

Read the full article at the Journal of Commerce website

Muse pled guilty on May 18, 2010, to two felony counts of hijacking maritime vessels, two felony counts of kidnapping, and two felony counts of hostage taking.

According to a report from the New York Post, federal Judge Loretta Preska was teary eyed and choked up when she imposed the maximum sentence on Muse.

Details on the case can be found HERE.

(Photo: AOL News

Check out this clip of Maersk Alabama Master, Capt. Richard Phillips, on Comedy Cental’s “The Daily Show” that aired April 6.  John Stewart does a good job of interviewing him, touching on points such as the hijacking and subsequent rescue from the lifeboat, a merchant mariners role in bringing food aid to Africa and weapons aboard ship.

Capt. Richard Phillips was on the show to promote his new book, A Captain’s Duty: Somali Pirates, Navy SEALS, and Dangerous Days at Sea

Thanks to Peter Mello of Sea-Fever.org for the find.

“These ships’ successful defense against pirates should serve as a reminder to the maritime industry of the best practices that can keep crews safe on the seas,” said Secretary LaHood. “Mariners should heed the lessons learned from past attacks and review defensive measures so that they are prepared when traveling through high-threat areas. The U.S. government will continue to work with ship operators to protect U.S. citizens in regions where piracy still poses a serious threat.”

Last week, the M/V Harriett thwarted a pirate attack by outrunning the pirate ship. Yesterday, guards aboard the Maersk Alabama repelled a pirate attack using small arms fire. No casualties were reported in the incident, which took place 350 nautical miles east of the Somali coast.

This was the second attack by pirates against the Maersk Alabama this year. In April, pirates hijacked the ship and took Captain Richard Phillips hostage, holding him at gunpoint in a lifeboat for five days until he was freed by Navy SEALs.

A maritime advisory issued in September by the U.S. Department of Transportation’s Maritime Administration warned vessels to avoid routes where attacks have taken place while also recommending that mariners demonstrate a willingness to defend themselves. Additional information can be found in the press release.

Release via EU NAVFOR:

On the early morning of 18 November 2009, 350 nautical miles east from the Somali coast, pirates attacked MV Maersk Alabama, a US flagged, Danish owned, 155 meter long, Container ship.

Pirates fired automatic weapons on MV Maersk Alabama who responded with fire from an embarked Vessel Protection Detachment. The crew managed to repel the attack and no casualties were reported. The vessel was previously hijacked in April 2009.

An EU NAVFOR Maritime Patrol Aircraft from Djibouti was tasked to investigate the situation and the closest EU NAVFOR naval vessel was tasked to search for the pirate attack group and neutralise the area.

The Maritime Patrol Aircraft stationed in Djibouti takes part in the EU NAVFOR mission Operation ATALANTA. The main tasks of Operation ATALANTA are to escort merchant vessels carrying food of the ‘World Food Program’ (WFP), the protection of vulnerable ships in the Gulf of Aden and Indian Ocean and to deter and disrupt piracy.

More details at CNN: Pirates foiled in their second attack on Maersk Alabama cargo ship

Original Post

The following is posted by Fred Fry:

The news story out this morning is that the US-Flag MAERSK ALABAMA has been attacked again by pirates. Surely that is news in itself. However, possibly the bigger story is news that the Maersk vessel had armed guards onboard who repelled the attackers.

Maersk Alabama attacked again – MAERSK Alabama evaded a pirate attack off the Somali Coast today, seven months after it was hijacked in nearby waters.

Pirates fired on the 1,098teu box ship with automatic weapons, but guards on the US-flagged ship returned fire and repelled the attack, a statement from EU NAVFOR said. There were no casualties.

An EU NAVFOR naval vessel is searching for the attackers.

During April’s hijacking, Maersk Alabama’s captain was held hostage before he was freed in a commando assault. Three pirates were killed in the operation.

In another incident near Somalia today, pirates have eluded a Spanish military fusillade and swum to freedom.

The pirates had held the Alakrana tuna trawler hostage for 47 days. They escaped to shore after turning over the 36 seafarer hostages, Spain’s defence ministry said.

Helicopters and other forces chased the last group of pirates to leave the trawler. At least one pirate craft was hit by fire but no casualties were reported, said the ministry of defence.

The trawler was freed yesterday after the reported payment of a $4M ransom. – Fairplay Homepage (Used with Permission)

At least in this case, having armed guards onboard did not escalate the attack. It ended it.

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Get your TIVO’s ready…. In a new, featured, television show The Discovery Channel looks to find out the very real story behind the story of the Maersk Alabama incident and subsequent lifeboat hijacking. They tell us:

“The world stopped and watched as the harrowing story of the Maersk Alabama unfolded. This special provides a riveting moment-by-moment account of the ship’s story — from the time the pirates boarded the cargo vessel to the safe return of Captain Phillips — in an emotional series of first-person interviews with the crew and new footage of the pirates. For the first time, viewers will hear the complete story of what really happened aboard the cargo ship. To be able to showcase the crew’s heroism as well as the U.S. Navy’s ongoing efforts to keep the waterways safe is an honor and a privilege for Discovery Channel and Military Channel.”

Using astounding footage of the pirates aboard the captured lifeboat and in-depth interviews with the men aboard the Maersk Alabama throughout the ordeal, SOMALI PIRATE TAKEDOWN THE REAL STORY provides a true understanding of the events that led to the dramatic rescue of Captain Richard Phillips.

Interviews with some of the Maersk Alabama’s crew include First Mate Shane Murphy, Chief Engineer Mike Perry, Second Engineer Richard Matthews, Third Mate Colin Wright and Third Engineer John Cronin. Some interviews, including Chief Engineer Mike Perry’s, are crew members’ first broadcast interviews where they share their experiences of confronting the pirates and regaining control of their ship. It was Perry who initially turned the tables by single-handedly capturing one of the pirates, who was later held captive by some of the crew including Matthews, Wright and Cronin.

After a failed hostage exchange, First Mate Murphy took control of the Maersk Alabama in Captain Phillips’ absence and shadowed the pirates until the U.S. Navy could respond to the crisis. Additionally, Vice Admiral William E. Gortney and Rear Admiral Terrence E. McKnight illustrate the U.S. Navy’s timeline of events from the Maersk Alabama’s initial distress call to the amazing conclusion featuring three simultaneous gunshots fired by U.S. Navy SEAL snipers. Kevin Dockery, Navy SEAL expert and author, discusses the expertise required to coordinate these deadly accurate shots from the fantail of a moving vessel.

Catch Somali Pirate Takedown: The Real Story Sunday, June, 21 at 10 p.m. E/P on Discovery Channel. Also be sure to check out our continued coverage of the incident found HERE and the first report from the vessel found HERE. You can also find the NPR interview with gCaptain editor John Konrad HERE.

UPDATE: Abduwali Abdukhadir Muse has been plead not guilty to a total of 10 charges for his role in the hijacking of the Maersk Alabama.

Eight of the 10 charges carry a maximum of sentence of life in prison.  They are piracy, possession of a machine gun while seizing a ship by force, hostage-taking, conspiracy to commit hostage-taking, possession of a machine gun during hostage-taking, kidnapping, conspiracy to commit kidnapping and possession of a machine gun during kidnapping.

The remaining two charges carry a maximum sentence of 20 years. They are seizing a ship by force and conspiracy to seize a ship by force.

Muse pleaded not guilty to all charges at his arraignment this morning in United States District Court, Southern District of New York.  You can download the indictment detailing all 10 counts below.

PUBLIC COURT DOCUMENTS:

Case: 1:09-mj-01012-UA
Filed: 4/21/2009
Criminal Complaint: United States of America v. Abduwali Abdukhadir Muse
Terminated: 5/19/2009

AMENDED CASE:

Case: 1:09-cr-00512-LAP
Filed: 5/19/2009
Criminal Complaint: Same as above
Indictment: United States of America v. Abduwali Abdukhadir Muse

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Thanks to Steve Gordon of Gordon & Elias, L.L.P for submitting this to be published here on gCaptain.  Gordon & Elias, L.L.P are a boutique law firm with a nationwide practice focusing on Jones Act, Admiralty and Maritime Law.  More information can be found at http://www.OffshoreInjuries.com, and the associated Jones Act Blog http://www.JonesActQuestions.com.

April 28: In an exclusive interview, Richard Phillips, captain of the Maersk Alabama, tells TODAY’s Matt Lauer about being held hostage by Somali pirates and being freed by Navy SEALs in a dramtic rescue.

Dear gCaptain,

Today, in the 270th Judicial District Court in Houston, Harris County, Texas a lawsuit (case 2009-26129) was filed on behalf of Mr. Richard Hicks, a steward on board the Maersk Alabama. The suit alleges that Maesrk was negligent and that the Maersk Alabama was “unseaworthy” as that term is defined by federal maritime law. If you practice maritime law, you knew this was inevitable. We all know the facts as Captain Phillips’ plight was plastered over our televisions over Easter weekend and we all prayed for his safe return. However, it is not Captain Phillips who is suing Maersk. It is, instead, another crewmember who was on board the Maersk. Without personally commenting on the viability of Mr. Hicks’ claim, I would like to generally address the liability of a Jones Act employer, such as Maersk is, in situations such as this.

The Jones Act is found in the Merchant Marine act of 1920. It was introduced by and aptly named after Washington Republican Senator Wesley L. Jones and represented this country’s commitment to the merchant mariner and to the American shipping industry. Basically, there are two sides to the Jones Act. The cabotage side [utilizing American made, U.S. flagged and U.S. manned vessels to travel between U.S. ports] and the injured seaman side. Under the Jones Act, the maritime employer owes its employees the duty of a safe work place and the duty not to have a vessel that is “unseaworthy”. “Unseaworthy” does not mean that the vessel does not float; however, “unseaworthiness” is defined as something on board the vessel that is “not fit for its intended purpose”. The question for the courts in this situation is : Was the Maersk Alabama an unsafe work place because she was ordered to pass through waters that were infested with armed criminals, i.e., modern day pirates? If the answer is yes, then there may be liability from Maersk to Mr. Hicks. If the answer is no, then, unless the vessel is unseaworthy, then there will be no liability.

Even if the answer is yes, the defense will argue: What is Maesrk suppose to do? It obviously needs to transport goods from point A to point B and that is what it is hired to do. What reasonable precautions were available to such an employer? There has been much discussion about arming seaman. We all recall the back and forth discussion about arming pilots after 911. Obviously discharging a weapon at 37,000 feet in a pressurized cabin is a heck of a lot different than firing an RPG at a 30 foot boat in open water filled with criminals. Nevertheless, it is my understanding that some ports of call will not allow heavy weaponry to be on board a vessel entering its port. This also is for obvious reasons.

So, I believe there are many factors to consider in assessing Mr. Hicks’ claim and other such claims that may be filed down the road. From my perspective, I have not seen an initiative taken by Maersk, or any other shipping companies, be they domestic and/or international, to foster meaningful and result oriented discussion. Perhaps, the next U.S. crew that is subjected to piracy will have even a stronger claim against their employer because they also did nothing to try to defend these attacks when clearly the employer is on notice that the pirates will U.S. vessels. I have seen on gCaptain the concept of drone fly-bys along the coast of Somalia that could monitor pirate activity. In World War II, it was the merchant mariner that was easy prey for the German U-Boat and guarded flotillas were a rarity.

Surely, the answer should not rest solely on the shoulders of U.S. shipping. However, other countries do not have laws as lucrative to lawyers as the Jones Act. Being from a Jones Act law firm, our law firm thinks long and hard whether to take on a case as we are keenly aware that the U.S. “Blue Water” maritime industry is rebounding from years of stagnancy. These are certainly questions that must be addressed. I will close by saying the following: anyone can sue anybody for anything; however, prevailing is another story.

Hope this helps!

Steve Gordon
Gordon & Elias

You can view the original post of the email, as well as response from gCaptain Forum members in the YOUblog section of gCaptain’s Forum HERE.

There is also another thread that discusses this issue HERE.