5 Somali pirates get life for attack on Nicholas

NORFOLK

Four of five Somalis convicted of piracy in an attack on a Navy warship remained defiant as they were sentenced to life in prison Monday, each vowing to appeal, with one demanding an explanation of exactly how he was convicted.

"I did not kill anybody. I did not rob anybody. I did not attack anybody," Somali defendant Abdi Mohammed Umar told U.S. District Judge Mark S. Davis through an interpreter. "I'd like to be told the reason I have been found guilty on this case."

Davis explained that a jury found him and his co-defendants guilty of piracy and related charges after a trial last fall. The judge also noted that the Somalis confessed.

The judge then sentenced Umar to life in prison plus 80 years. He gave identical prison terms to the others: Mohammed Modin Hasan, Gabul Abdullahi Ali, Abdi Wali Dire and Abdi Mohammed Gurewardher.

The life prison term was mandatory under federal piracy law.

Only defendant Hasan seemed contrite.

"I am sorry that I have been accused of these crimes," he told the judge.

But the others demanded an appeal.

"I find the crime that I was found guilty of is unjust," defendant Gurewardher said.

"I'm not accepting the outcome of this case," Dire said. "I'd like to appeal."

Hasan, Ali and Dire were in what prosecutors called an attack skiff, armed with AK-47s and a rocket-propelled grenade launcher, the morning of April 1, 2010, when they fired at the Norfolk-based frigate Nicholas, thinking it was a merchant vessel.

The Nicholas captured those three and then a few hours later captured Umar and Gurewardher in what was called a mother ship, loaded with enough provisions and fuel to last several weeks.

Three of the defendants testified at trial that they were kidnapped by the real pirates and forced to take part in the attack. The judge noted that the jury apparently rejected that testimony.

U.S. Attorney Neil MacBride issued a stern warning to other pirates.

"Today's sentences should send a clear message to those who attempt to engage in piracy: Armed attacks on U.S.-flagged vessels carry severe consequences in U.S. courts," he said in a statement.

One defense attorney cautioned that the message could backfire, given statements made by Somalis after the recent pirate attack of a yacht and the slayings of four Americans.

William Holmes, who represents Ali, told the judge about a news report in which a Somali warned after the sentencing of another Somali pirate in New York that pirates would begin killing hostages. That pirate, Abduwali Muse, was sentenced to 34 years in prison after pleading guilty to the attack on the Maersk ship Alabama.

The attack on the yacht Quest happened shortly after that, Holmes said.

"We don't need anything to add gas to the fire," Holmes said.

But the judge said he must, under federal rules, consider the deterrence effect in sentencing anyone. And his hands were essentially tied under federal sentencing rules.

In all, the Somalis were convicted of 14 counts, but Davis threw out one count. He sentenced each man to life for piracy to run consecutively with the 80-year term. He added various 10- and 20-year terms, all to run concurrently to the life plus 80 years.

The only chance for the Somalis now is for an appeals court to overturn their case. There is also an appeals hearing scheduled for March 25 in Richmond that could decide whether the piracy statute is constitutional.

U.S. District Judge Raymond A. Jackson, sitting in the same courthouse as Davis, threw out the same piracy charge against six Somalis in a similar attack on the Little Creek-based dock landing ship Ashland.

Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com