Fed: AFP acted on Japanese complaints about Steve Irwin
PARLY 00723 Feb 2009 3:12 PM
CANBERRA, Feb 23 AAP - The federal attorney-general would need to approve any prosecution arising from a raid on the anti-whaling ship Steve Irwin in Hobart last week, a Senate committee has been told.
Federal police officers raided the vessel after it docked in Hobart, following a complaint from Japanese officials.
But any charges against the ship's master Paul Watson will require the consent of the attorney.
"We haven't reached the stage of seeking ... consent," Bill Campbell, senior departmental official told an estimates committee hearing on Monday.
Australian Federal Police Commissioner Mick Keelty said Japan's complaint about the Steve Irwin reached his organisation last week by way of the Japanese embassy in Canberra, as well as through the Australian embassy in Tokyo.
The official complaint stemmed from the director-general of the Japanese fishing agency.
Police officers confiscated the ship's log book and video footage of dramatic whale-killing scenes.
Captain Watson had cooperated fully and the material taken from the vessel was now being reviewed, Mr Keelty said.
Eighteen months ago the AFP investigated a complaint by Captain Watson against the Japanese authorities. In that case, the federal Director of Public Prosecutions decided not to prosecute.
"So in that sense we understand the legislation and the need to treat the legislation seriously and objectively for all parties," Mr Keelty said.
He declined to table the AFP search warrant on grounds that the investigation was continuing.
But he confirmed allegations made by the Japanese, that the Steve Irwin crew may have endangered safe navigation of the Yushin Maru No. 3 by deploying a propeller entanglement system between February 2 and 5.
Captain Watson allegedly endangered safe navigation of the same Japanese vessel by forcing a deliberate collision.
The incident followed violent clashes between the Steve Irwin and Japanese whalers in the Southern Ocean during the past month.
Any prosecution would open an international can of worms, the hearing was told.
Mr Campbell said the whaling vessels were Japanese-flagged while the Steve Irwin was flagged in the Netherlands with an international crew.
Captain Watson was a Canadian and the alleged offences occurred in international waters.
Australia is a signatory to the international convention on safe navigation at sea.
"Each state party to the convention is obliged to take jurisdiction over offences where a possible offender is present in its territory," he said.