4th Feb.,1996: MV. "Kasuga 1" departed Hongkong at 2000 hrs, bound for Los Angles.
5th Feb. 1996: While transitting north of Taiwan (about 20 miles) ship's speed reduced, on investigation found ship's port engine propeller fouled (something entangled with propeller). Past midnight after consultation with Univan Ship Management vessel diverted to Keelung, Taiwan to clear the propeller fouling.
6th Feb. 1996: At about 4 PM, ship entered Keelung harbour, divers called to check and remove propeller fouling.
7th Feb., 1996: At noon ship's left side propeller cleared, just before leaving Keelung, Harbour Authorities board vessel and accuse us of colliding with a Taiwanese Fishing boat resulting in loss of life. Harbour Police take me (Captain Raj Kumar Goel), Third Officer Yoganarsimha Dodla and Able seaman Arvind Tandel for investigation to Police station and later detain us.
6th Apr. 1996: We had our first hearing in District court, Keelung.
9th Apr. 1996: Second Court hearing and Judge agrees to release Able seaman A. Tandel on bail.
18th may 1996: Keelung Harbour Bureau Maritime department holds an investigation.
May 1996: Taiwanese ship "Maersk Dubai" crew arrested in Halifax, Canada for physically throwing 3 Romanians into Atlantic Ocean. Taiwan strongly protests to Canada on the basis of Article 97 of The International Law of the Sea. Referring "Maersk Dubai" case our lawyers inform District Court judge to release us, as Taiwan has no jurisdiction on our case as per Article 97 of The International Law of the Sea.
"Maersk Dubai" crew released from detention after a month.
19th July, 1996: District Court, Keelung give a verdict of 4 years imprisonment to me and Dodla, Tandel declared "Not Guilty". I and Dodla appeal against District Court verdict, Public Prosecutor also appeals.
26th July,1996: Captian Goel and third Officer Dodla released on bail.
20th Nov.,1996: High court starts its investigation proceedings. India-Taipei Association (De-Facto Indian Embassy) Director-General Mr Vinod Khanna files an affidavit in High court claiming Jurisdiction on our case on behalf of Indian Government.
6th March 1997: Nova Scotia Supreme Court rules that Canada has no jurisdiction on "Maersk Dubai" case. A week later all 6 Taiwanese leave Canada and arrive Taiwan.
30th Sept.,1997: Taipei High Court delivers judgement upholding District court verdict.
We appeal to Supreme Court. Public Prosecutor appeals against me and Dodla. Tandel set free.
Jan., 1998: Our P & I Club pays compensation to Fishing boat victims families. Victims families appeal to Supreme Court to release us and let us go home.
20th Apr.,1998: Supreme court sends our case back to High Court with specific instructions to try only those charges specified in Prosecutor's indictment.
12th Aug.,1998: High court gives verdict of "Not Guilty" for both of us.
26th sept.,1998: Public Prosecutor appeals against High Court verdict to Supreme court.
18th Oct., 1998: Public Prosecutor submits reasons for appeal to the Court. Public Prosecutor has admitted that the facts for abandonment has not been established so we should be punished for negligence while on duty.
December, 1998: Supreme Court revokes High Court judgement and sends the case back to High Court for retrial.
May, 1999 : High Court declares a suspended sentence of one and half year for Master and 2 year for third officer.
22nd June, 1999: High Court passes our release order.
26th June, 1999: We return to India to be united with our families.
Our company Univan Ship Management has not paid our wages for the time we were detained in Taiwan. I claimed for the wages so they did not take me back in the company. Third officer did not claim his wages so he has been taken back.
Indian Government and its representatives (India-Taipei Association [ITA]) in Taiwan has not shown enough interest in our case to get us released even though Indian Government has a very strong case because of the following reasons:
1) As per International Law of the Sea, Taiwan has no Jurisdiction to arrest us or put us on trial. Inspite of this we were kept in prison for 6 months and still after 3 years, not allowed to leave Taiwan. Taiwan had exercised the same International Law successfully in getting back 6 Taiwanese from Canada so we feel it is lack of efforts by Indian Government that we have been still held up here for 3 years.
2) The fishing boat victims families satisfactorily compensated by P & I Club. The fishing boat victims families petitioned Courts here to release us.
3) Supreme Court is contradicting its earlier verdict, which is very strange. In its first verdict Supreme Court said that High Court should not try us for the charges not raised by Prosecutor. The second Supreme Court verdict says that High Court should have considered those charges also, which were not raised by the Prosecutor.