By Shermain Bique-Charles
Attorney Dr David Dorsett has confirmed that an appeal has been filed in the High Court as the battle to stop the completion of the sale of the Alfa Nero continues.
The appeal was filed on Tuesday afternoon.
Dr Dorsett is acting on behalf of Yulia Guryeva-Motlokhov, the daughter of sanctioned Russian oligarch Andrey Guryev previously said to own the yacht. Guryeva-Motlokhov is the sole beneficiary of a Guernsey-based trust that is the 100 percent shareholder of BVI-based firm, Flying Dutchman Limited, which officially owns the Alfa Nero.
Dr Dorsett told Observer yesterday that no date has been set for the appeal but he is confident that this latest action will go in favour of his client.
“We would not be filing an appeal unless we had good and sound reasons to bring the appeal. We think the action of the government in taking possession of the yacht and selling the yacht is wrong on all levels,” he said.
Last month, a High Court judge rejected an application for an injunction seeking to halt the sale.
The High Court was not convinced by the case brought by the woman’s legal team.
The boat was sold to former Google boss, 68-year-old Eric Schmidt, after the American tech tycoon submitted the winning bid in an auction held in Antigua on June 16.
But Dr Dorsett said, “It is not the government’s yacht; they cannot just take it up and sell it to somebody else… We just want our boat back.”
Schmidt was given seven days to transfer his proffered US$67.6 million into the government Treasury, or the second highest bid would be accepted. However, lawyers advised him to hold off until the conclusion of the legal wrangling.
The government has long maintained that the vessel, which it deemed to have been abandoned, poses a threat to the environment, other boats, and marina users. It has said it will keep the bulk of the sale proceeds, after satisfying debts the Alfa Nero has racked up for fuel, crew wages, and other costs.
“It is not only Mr Schmidt who has money to deal with the liabilities of the yacht. [My client] has money to deal with repairing the yacht and paying the debt accumulated by it,” Dr Dorsett said.
These seemingly never-ending court matters continue to hinder the completion of the vessel’s sale, leaving it still moored in Falmouth Harbour – despite efforts to have it moved ahead of the Atlantic hurricane season.
The 267-foot vessel, which currently flies an Antiguan and Barbudan flag, has been steeped in contention since Guryev was added to a number of sanctions lists in response to Russia’s invasion of Ukraine.
The government has maintained that Schmidt remains the de-facto owner of the Alfa Nero, and the Cabinet agreed last week to provide him with a guarantee against future liabilities, thereby ensuring the consummation of the sale.
To date, he is still following the advice of his lawyers and holding off on depositing the US$67.6 million.