An Argyll pirate hunter trapped in India is expected home soon after charges faced by him and his shipmates were quashed.
Billy Irving, 33, a former paratrooper of Connel, near Oban, spent six months in “inhumane” prison conditions.
The Indian Attorney General filed charges against the crew of the ship Seaman Guard Ohio for unauthorised entrance into Indian waters while being in the possession of firearms on October 13 last year.
The company AdvanFort, which maintains anti-pirate patrols for ship owners, claimed the ship was arrested while it was outside the Indian territorial sea and that the ship only aimed to refuel after a strong cyclone caused the vessel to be nearly out of fuel. It also claimed all the firearms on board were legally purchased and properly documented.
AdvanFort said today the crew’s legal counsel had said the charges against the 35 men and AdvanFort were thrown out by the High Court.
AdvanFort chief executive Sam Farajallah said: “This has been a long waited for decision and we’d like to thank everyone who had continuous faith in us, offered support and helped us get through this challenge.”
The Times of India reported Justice PN Prakash made it clear the crew could not be tried under the Arms Act. He said: “I hold that the anchoring of MV Seaman Guard Ohio within our territorial sea was out of necessity and their action is saved by the principle of ‘innocent passage’.”
He added: “The ship had made a distress entry into our waters for food and fuel. It anchored at the outer limit of Tuticorin Port and was waiting for supplies. When the Coastguard questioned them, they admitted that there were arms and ammunitions on board. After bringing them to our port for investigation, they cannot be prosecuted for violation of the notification.”
Mr Irving and colleagues were released from prison in April, but bail conditions stipulated that they could not leave India.
His girlfriend, Yvonne MacHugh, who works in an Oban flower shop, spent two months with him there before she had to return home.
Despite the good news she was still concerned that Mr Irving could be stopped from leaving India.
She said: “Billy told me that one of the guys got a text from the lawyer to say the charges have been dropped.
“It is a horrible time for them because the slightest thing could change everything. Until they get their passports everything could go wrong. It is just so sensitive just now.”
The men were bailed after a long battle by the families of the detainees, including Miss MacHugh, starting a 147,000 signature petition calling for their release which was handed to Downing Street.
The International Organisation of Masters, Mates and Pilots (MMP) has said the crewmen and guards were being subjected to “inhumane” conditions in prison.