MercoPress. South Atlantic News Agency

Peru joins Odyssey/Spain dispute over recovered sunken treasure

“Nuestra Señora de las Mercedes” sank in 1804 with 17 tons of gold and silver shipped from the viceroyship of Lima

United States treasure hunters Odyssey Marine Exploration were dealt a heavy blow this week after a Florida judge ordered the company to hand thousands of silver and gold coins to Spain. The case however could be exposed to another demand, this time from Peru which claims the original gold and silver came from the colonial viceroyship of Lima.

Odyssey and the Spanish Government had been locked in a bitter legal dispute over ownership of the 17 ton treasure, which the company recovered from the seabed in the Atlantic and flew to the US from Gibraltar.

Spain said the cargo came from the “Nuestra Señora de las Mercedes”, a Spanish vessel which went down in 1804, and accused Odyssey of plundering Spanish heritage.

The company rebutted those claims, insisting its work was archaeologically sound and that there was insufficient evidence to prove the identity of the site.

But after two years of courtroom wrangling, the US judge Marck Pizzo finally sided with Spain. He said there was sufficient evidence to confirm that the site was that of the Mercedes and that the vessel and its cargo were subject to sovereign immunity, meaning they belong to Spain.

The judge concluded that he lacked jurisdiction to hear the case, yet nonetheless told Odyssey to return the 500,000 coins to Spain within 10 days.

Angeles Gonzales-Sinde, Spain’s minister of Culture welcomed the decision. “The Judge saw that the ship and its contents belong to Spain,” he said. “It’s a hugely important ruling and one that will set a precedent for future claims”.

But the US company lost no time in warning that it would appeal the decision.

“We will object to the Magistrate’s recommendation,” said Melinda MacConnel, Odyssey’s Vice President and General Counsel. This is clearly a case where there are many relevant issues of fact that have been disputed, including the issue of whether the Mercedes was on a commercial mission and whether the property recovered belonged to Spain”.

And from Lima the Peruvian government said it would appeal the decision which recommended returning the Odyssey rescued treasure to Spain.

“We have sufficient and reasonable indications, as well as rights to claim the treasure and have it returned to Peru”, said Peruvian Chief Prosecutor Katty Aguize. She added the Peruvian government does not dispute that the vessel, “Nuestra Señora de las Mercedes” belonged to Spain.

“The heart of the matter is the content in the vessel, the 17 tons of gold and silver coins plus other precious metal objects which originated in Peru; that’s where we come in”, said Ms Aguize.

Odyssey’s chief executive, Greg Stemm, expressed surprise at the outcome. “Odyssey has done everything by the book,” he said.

“For the Court to find that enough evidence exists to conclusively identify the site as the Mercedes and that neither Odyssey nor the claimants who owned the property have any legal interest is just wrong.”

“I’m confident that ultimately the judge or the appellate court will see the legal and evidentiary flaws in Spain’s claim, and we’ll be back to argue the merits of the case.”

Odyssey will file its objection and will continue to vigorously defend its rights to what it has legally recovered and submitted to the jurisdiction of the court, the company added.