Abduwali Muse

Abduhl Wal-i-Musi
Piratical career
Type	accused pirate
Allegiance	None
Base of operations	Gulf of Aden

Abduwali Abdukhadir Muse is a Somali accused of piracy, the only survivor of a group of four who allegedly attacked the MV Maersk Alabama and held the captain for ransom at gunpoint.

Early life

He was born in 1990 in Gaalkacyo, in Puntland - one of the two semi-autonomous states carved out of Somalia's North. His age is disputed. His mother, Adar Abdirahman Hassan, asserts he was only sixteen. His father, Abdiqadir Muse, asserts he was born in November 1993—which would make him fifteen. Assistant United States Attorney Brendan McGuire informed US District Court Judge Andrew J. Peck at a hearing to determine Wal-i-Musi's age that he had told Americans he was 16, 18, 19, and 26 years old. Colleen Long and Larry Neumeister, writing for the Associated Press, reported that Wal-i-Musi was only five foot two inches (157 cm) tall—so tiny American prison officials had not been able to supply him with clothes that fit him.

Attack on the Maersk Alabama

According to his indictment, he was the first of the four men who attacked the Maersk Alabama to board, and during the attack, was stabbed in the hand by a sailor. He was tied up for 12 hours, and offered as an exchange for the Alabama's captain, Richard Phillips. Wal-i-Musi was thought to be the first person to be charged with piracy in an American court in more than 100 years, when courts rules that the Ambrose Light was not a pirate vessel. A more recent case United States v. Shi, quoted in his indictment, that involves taking over a ship and holding a hostage.

Trial

He will be tried in U.S. federal court in New York City.

According to the New York Daily News he is 17 to 19 years old. They report he will be charged, and stand trial in New York because of the expertise of the New York FBI office in handling cases where major crimes were perpetrated against Americans in Africa. His mother claims that he is innocent, and 16 years old. The CBC News reported US authorities had considered transferring him to Kenyan custody. The CBC reported on speculation over his age. When initially captured his age was estimated to be between 16 and 20. On April 16, 2009, United States Secretary of Defense Robert Gates stated that all four pirates were between 17 and 19. On April 20, 2009, the CBC reported that US officials stated they had confirmed he was over eighteen. If they believed he was under eighteen there would have been "further steps" required to prosecute him.

However the CBC interviewed his mother, who stated the USA had both his name and age wrong. She stated he was only sixteen and that his name was "Abdi Wali Abdulqadir Muse". His mother, Adar Abdurahman Hassan, also appealed to the U.S. government and President Barack Obama to free her son, in an interview with the BBC Somali service.

According to Ron Kuby, a civil rights lawyer who has considered offering his services to Wal-i-Musi:

"I think in this particular case, there's a grave question as to whether America was in violation of principles of truce in warfare on the high seas. This man seemed to come onto the Bainbridge under a flag of truce to negotiate. He was then captured. There is a question whether he is lawfully in American custody and serious questions as to whether he can be prosecuted because of his age."

Fox News incorrectly reported on April 16, 2009, that charges had already been filed against Wal-i-Musi, awaiting his arrival in New York. KDKA-TV reported on April 20, 2009, that charges had not yet been filed.

In a court ruling on April 21, 2009, US magistrate judge Andrew J. Peck decided Wal-i-Musi was not under 18, and that he could be tried as an adult. Abduwali Abdukhadir Muse has been brought to New York to face trial on charges including piracy under the law of nations, conspiracy to seize a ship by force, conspiracy to commit hostage-taking, and firearms related charges, carrying a potential of up to four life sentences.