April 1, 2008 - Law enforcement authorities of Norway have reported today the dismissal of the criminal case against OJSC Arkhangelsk Trawl Fleet (OJSC ATF) and the captain of Novoazovsk arrested in March 2007 on the charge of violation of Norwegian fishing regulations. Russia was represented in this case by EPAM.
On March 1, 2007, OJSC ATF’s Novoazovsk was lead by Norwegian coast guards to quay in Tromso (Norway) for an alleged unauthorized overside delivery of fishery products to M-0579 Verkhovina.
Later on, the vessel was released on bail of NOK 1.28 m (approx. USD 250 thousand) paid by OJSC ATF.
The Russian Federation undertook an investigation of its own, during which the Federal Service for Veterinary and Phytosanitary Supervision found that no fishing rules or regulations were breached by OJSC ATF or the captain of the vessel in connection with the overside delivery in May 2006. Documents confirming their innocence were made available to the Norwegian police, who were not, however, satisfied with the investigation carried out in the Russian Federation and initiated criminal prosecution against OJSC ATF and the captain of Novoazovsk.
Trial of the criminal case was repeatedly postponed. Last time a court hearing was scheduled for April 7, 2008.
To defend the Russian party, EPAM were engaged, who, in cooperation with Norwegian lawyers, produced convincing evidence of the innocence of OJSC ATF and the captain of Novoazovsk. Upon review of this evidence, the Norwegian coast guard dismissed all charges against the Russian party.
On April 1, 2008, law enforcement authorities served an official notice of dismissal of the criminal case.
“Well-coordinated efforts on the part of Russian and Norwegian lawyers resulted in a successful out-of-court dismissal of all charges against the Russian party”, says Arkady Krasnikhin of EPAM, attorney of the Russian party in this criminal case. “We are now contemplating the possibility of bringing a lawsuit for damages caused by the arrest and of initiating criminal prosecution”.
The case is yet another one successful performance of EPAM in disputes with the Norwegian coast guard. In September 2007, lawyers of EPAM had the Supreme Court of Norway dismiss all charges against the Russian fishing vessels Kapitan Gorbachev and Dmitry Pokramovich arrested on the charge of violation of Norwegian fishing regulations in 2005.
1 April 2008
All Charges Against the Russian Vessel Arrested in 2007 Quashed by the Norwegian Coast Guard Out of Court