Divers set to accept plea deal...

jeff k

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Wednesday, March 11, 2009, 10:00

THREE Cornish divers accused of stealing treasure from a shipwreck are preparing to accept a deal which would label them criminals, despite maintaining their innocence.
Peter Devlin, formerly of Falmouth, Malcolm Cubin, from Truro, and Steve Russ, from Helston, are preparing to plead guilty to the Spanish charges against them to put an end to their seven-year nightmare.
It means a six-month sentence on charges of stealing gold and diamonds – but they will be released on probation and will not serve time in prison.
If they refuse the plea deal, they could be sentenced to three years and also receive fines of tens of thousands of pounds.
The three were working in Galicia, north-western Spain, after winning a contract to salvage tin from the Friesland, a Dutch cargo vessel which sank in 1877.
They were arrested in June 2002 and it is alleged that, as well as diving on the Friesland, they were exploring the remains of an adjacent vessel, the Dom Pedro, a 17th-century galleon laden with gold and diamonds.
The men all deny a charge of theft and are due to appear for trial at the Court of Santiago in Galicia on March 24.
If they refuse the plea deal, they could also be found guilty of a further charge of damaging the wreck, which could add to any fine or jail term.
Yesterday, Mr Cubin told ITV Westcountry that the trio maintained their innocence.
He said: "We would like to fight it. We know we haven't done anything wrong.
"But in accepting this plea, we could draw a line under the whole thing."
The men were working as a team of commercial divers with Mr Devlin's Cornwall-based Force 9 salvage company.
The firm had won a contract from the Spanish authorities to salvage 220 tons of tin worth up to £650,000 from the Friesland.
Prosecutors allege that the divers were exploring the remains of the Don Pedro, a 17th-century galleon with gold and diamonds in its hold.
Investigators found that the wrecks had been minimally disturbed and no valuables had been taken.
The divers believe they have been caught up in a dispute between the Spanish central government – which stood to gain 23 per cent of the profits from the salvage operation – and the Galician local government, which was not involved in the deal.
Mr Cubin said the divers felt "abandoned" by the British Government and had received no support throughout their ordeal.
 

UK divers admit theft from wreck

The divers had faced up to six years in jail if found guilty

Three British divers have admitted illegally removing artefacts from an Atlantic Ocean shipwreck in 2002.

Peter Devlin, Steve Russ and Malcolm Cubin, all from Cornwall, admitted the charges at a court in Santiago, Spain.

The commercial divers were accused of stealing gold and diamonds and of destroying Spain's cultural heritage.

They each received two six-month prison sentences, suspended for two years, and fined a total of 5,000 euros (£4,600) after admitting taking tin ingots.

Prosecutors had initially sought a six-year jail term for the men.

We're disappointed because we still maintain we did nothing wrong said Malcolm Cubin

Mr Devlin, from Falmouth, Mr Cubin, from Truro, and Mr Russ, from Helston, had gone to Spain to work on the wreck of the Friesland, a Dutch vessel which sank in the Atlantic in the late 19th Century.

They said the dive company, Force 9 Salvage, based in Falmouth, had full permits to work on the Dutch vessel and had a contract with the Spanish government.

Prosecutors claimed they strayed onto the Don Pedro, a shipwreck which locals believe is loaded with gold and diamonds.

The three had admitted recovering bottles, tiles and broken china from the Don Pedro, which was off the coast of Galicia, simply to identify the wreck.

They said that, at the time of their arrest in May 2002, in Corrubedo in Galicia, they were on their way to meet the Spanish authorities to discuss their findings.

After last-minute negotiations at the start of their trial, prosecutors agreed to drop charges of destruction of the patrimonial heritage of Spain and stealing diamonds and gold.

The trio admitted damaging and stealing from a wreck in order to avoid a hefty prison sentence, the organisation Fair Trials International said.

Speaking through Fair Trials International, Mr Cubin said they were relieved it was over but were angry they had to accept a suspended sentence.

He said: "We're disappointed because we still maintain we did nothing wrong, but there was nothing else we could do.

"There's no celebration, but relief."

Jago Russell, chief executive of Fair Trials International, said: "Peter Devlin and his colleagues' seven-year ordeal has today come to an end.

"We are very pleased that they are able to return home and will not be required serve a prison sentence in Spain."

The trio are due to fly home later in the week.
 

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