Ship's crew must remain in probe of sludge spill

The captain and eight crew members of a cargo ship docked in Boston Harbor must remain in the city after their vessel leaves port, a federal magistrate judge ruled yesterday, requiring them to be available to testify before a federal grand jury investigating whether the ship dumped untreated oily sludge into the ocean.

The Coast Guard boarded the Elena, a 663-foot cargo container, on Tuesday, and several of the crew members allegedly admitted that the pump system had been rigged to discharge oily sludge, according to a court affidavit.

On Thursday, the Coast Guard took the nine men from India into custody, citing concern that they may not return to testify, once the ship left South Boston's Conley Terminal. ''None of these men have been charged with a crime; they're being held because they are material witnesses," Assistant US Attorney John Mitchell said in court yesterday.

The Coast Guard's inspection and interviews indicated that the ship had been making improper discharges over the past six months, the affidavit says.

US Magistrate Judge Marianne Bowler released the men from custody, but ordered them not to leave Boston. The ship is operated by the Mediterranean Shipping Co., which agreed to pay for the men to stay at a local hotel.

''If they want to go to view the USS Constitution, the oldest ship in our fleet, they will be able to do so," said Bowler, suggesting that the nine men explore Boston, with the caveat that they adhere to a midnight curfew.

Hartford lawyer Ron Zdrojeski, who represents the shipping company, would not comment on the allegations made in the affidavit, but said, ''The company recognizes that the situation is serious and intends to be forthright in its response."

The Elena was waiting for a replacement crew yesterday and planned to leave port after it received approval from the Coast Guard. Boston lawyer Frank Libby, who represents seven of the men, said that the government has not told them how long they must stay in Boston and that it could be weeks or months.

''They're not mentally prepared to be the government's guests for who knows how long," said Libby, adding that it is difficult on the men and their families, including wives and children, back home. ''They can take in the Red Sox . . . but it's a tough spot to be in. They're not the touristy types."

The men are: Captain Menom Sivadas, 51; Maurice Correia, 36; Joe Cherian, 25; Jagdish Chand, 41; Raj Rajesh Fernado, 36; Aman R. Mahana, 29; Ranjish Mukulam, 30; Mani Singh, 56; and Ankur Srivastav, 23.