Malaysia

Johor top cop faces ICJ complaint by Cook Islands shipping firm

Datuk Ayob Khan Mydin Pitchay, authorities given 14 days to release vessel, crew and cargo, and pay RM30 million compensation

Updated 5 years ago · Published on 04 May 2021 2:57PM

Johor top cop faces ICJ complaint by Cook Islands shipping firm
Johor police chief Datuk Ayob Khan Mydin Pitchay has been served a letter of demand by a law firm representing Blue Ocean Shipping Ltd, a Cook Islands company. – The Vibes file pic, May 4, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Johor police chief Datuk Ayob Khan Mydin Pitchay may have a complaint to answer at the International Court of Justice (ICJ) in The Hague, the Netherlands, if he does not comply with a demand to release a ship detained by his department.

In a letter of demand by law firm Vasudevan A & Co on behalf of Blue Ocean Shipping Ltd, a Cook Islands company, it is alleged that Johor police raided the firm’s ship, MY Chita 2, as it was en route to Yangon, Myanmar, from Indonesia’s Batam.

The raid on March 9 saw the vessel’s crew and cargo of cigarettes detained.

"We have been informed by our client that you have wrongly confiscated the cargo of cigarettes on the ship destined for our client’s customers in the United Arab Emirates,” said the letter.

“The cargo was en route to Yangon, and there was no intention to deliver it within Malaysia or Johor as reported by police to the media.”

It is understood that the lawyers are referencing marine police’s largest seizure of “illegal cigarettes” in Malaysia’s history, which was reported in the media on March 10.

In addition to the 70 million sticks of cigarettes seized, the authorities also detained 11 foreign crew members aged between 22 and 60.

Internal Security and Public Order Department director Datuk Seri Abd Rahim Jaafar has said the Mongolian-registered ship was detected going back and forth between Batam and Perak twice in February.

The lawyers for the shipping company, however, contend that the statements made by the authorities are untrue, especially due to the fact that the vessel was detained in international waters, outside Malaysian police’s jurisdiction.

"By detaining the ship, crew members and cargo, it is a violation of international law.”

The law firm gave Ayob Khan and the authorities 14 days to release the ship, and its crew and cargo, as well as pay a RM30 million compensation to its client.

"In the event that you fail to release the ship, crew and cargo, and pay compensation, within 14 days, we have strict orders to file a court action.”

The letter also said Blue Ocean Shipping reserves the right to file a complaint at ICJ. – The Vibes, May 4, 2021

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