Lawyers for pirate hunter Billy Irving have applied to have his case thrown out, insisting he shouldn’t have been arrested in the first place.
The 33-year-old from Connel, near Oban, was released on bail last week after spending six months locked up in Puzhal Prison, in Chennai, India.
Heavily armed coastguard officials arrested the ex-paratropper and his colleagues aboard the MV Seamen Ohio, insisting they had illegally strayed into their jurisdiction.
But legal documents lodged in the High Court in Madras claim the anti-piracy vessel had the right of passage.
Last night Billy’s father Jim said: “Nothing has officially been confirmed but the sooner the situation is resolved the better for all concerned.
“Billy’s girlfriend Yvonne has moved out to India and will remain there until it’s all over. We are all hopeful the charges are quashed and we can get all of the boys home again.”
The defence documents filed insist the case against Billy and his colleagues built by Q branch of the Indian Police should be thrown out.
His employers AdvanFort have always insisted the ship was working to provide protection to other craft from pirate attacks.
All 35 of the crew and security guards were arrested on suspicion of unauthorised possession of 31 assault rifles and 5,000 rounds of ammunition.
According to the paperwork lodged, permission and licences for the arsenal had been secured where they had been bought, and it was not practical to obtain fresh documentation from every country they visited.
They also claim the MV Seamen Ohio had the right to travel through Indian waters so long as they were not a threat to the security of the country.
The jurisdictional right of the court in Tuticorin where the case was initially brought against them has also been questioned.
Reverend Andrew Wright, of The Mission to Seafarers, which has supported the men, said: “This has been a deeply traumatic experience for everyone.
“There have been conflicting stories about what had happened, but we do know the ship and crew had just come off duty protecting shipping in the Gulf.
“The dangers of modern day piracy are very real, and more and more shipping companies are recruiting their own security vessels to protract them. We call again upon the Indian government to act swiftly in this matter.”
In January we exclusively revealed the horrific conditions Billy and his colleagues are suffering in Puzhal jail.
A prison diary written by one of his crewmates told how they’re being held alongside murderers and rapists.
Among the six former British soldiers behind bars is John Armstrong of Wigton, Ray Tindall from Chester and Nick Dunn of Ashington.
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