MP intervenes to push for fair trial for divers

10:20pm Tuesday 20th May 2008

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Falmouth MP Julia Goldsworthy has called for the government to ensure three divers accused of plundering a wreck in Spain six years ago are dealt with fairly.

The three salvage divers were recently told they had just two weeks to prepare to stand trial for causing damage to Spain's heritage and theft.

Salvage company owner Pete Devlin formerly of Falmouth, Steve Russ from Helston and professional diver and father of four from Truro, Malcolm Cubin, deny accusations they were illegally diving for gold and diamonds.

The fourth diver, Yanic Alvarez, has since died in a car accident.

Mrs Goldsworthy said she had spoken to Mr Devlin and the Foreign Office to express her concerns.

She said: "I have asked the Foreign Office to make sure each of those involved have access to a fair trial and have pointed out their responsibility to ensure this case is resolved in a fair and timely way."

The team of divers from Mr Devlin's Force 9 salvage company were issued with a Spanish government licence in May 2002 to recover 200 tonnes of tin ingots worth £650,000 from a shipwreck of the coast of Galicia.

After recovering only one tin ingot, broken china, bottles and some tiles Mr Devlin and Mr Alvarez were arrested by officers from the Guardia Civil and questioned about gold and diamonds they had recovered.

A question which left them totally bewildered.

Prosecutors claim they had stolen the gold from nearby wrecks the Don Pedro and Palermo.

The men heard in 2005 they would face trail, but it may not be held until 2009 due to a backlog.

All three could face six years in prison if convicted.

Alan Moody a partner in the salvage attempt said: "All the people involved have suffered through this. It has been hanging there over their heads for six years through no fault of their own.

"We did everything we could to make it a professional job and they came in on a whim and took it all away from us.

The next hearing will be arranged once defence lawyers make copies of the team's dive footage tapes."

Pressure group Fair Trials International has taken up the case calling it a "grave injustice".

A Fair Trials International spokesperson said: "The case seems to be one of conflict between the Galician government and the central government in Madrid over jurisdiction rights of shipwrecks in Galcian waters."

She added the men were not arrested properly and were questioned without lawyers or adequate translation.