By Angus MacSwan
MIAMI, Nov 13 (Reuters) - A Cuban American civilian pilot offered "warm greetings'' to Havana air controllers as he flew close to Cuba on a 1996 refugee rescue mission.
Seconds later a Cuban MiG-23 jet fighter blew an accompanying plane out of the sky and the attacking pilot radioed to his base: "This one won't mess around anymore.''
Dramatic transcripts of the last minutes of four men killed by Cuban fighter jets over the Florida Straits on Feb. 24, 1996, were read in Miami federal court on Thursday, the first day of a lawsuit brought against the Cuban government and air force by the families of three of the victims.
The plaintiffs' lawyers called the downing callous and premeditated murder that violated international law.
They said the planes from the Miami-based Brothers to the Rescue (Hermanos al Rescate) Cuban exile organization were over international waters outside Cuba's 12-mile limit and unarmed when they were attacked without warning.
The Cuban government maintains the planes were inside its territory when they were shot down. It said warnings were issued and the incursions followed several dozen infringements by Brothers' planes over the past 18 months including one in which they buzzed Havana dropping anti-Castro propaganda.
Lead plaintiffs attorney Aaron Podhurst asked for a total of at least $79 million in punitive and compensatory damages for the families of Carlos Alberto Costa, who was 29, Mario de la Pena, 24, and Armando Alejandre, 45.
The fourth victim, Pablo Morales, was not a U.S. citizen and so his family cannot be included in the lawsuit.
Cuba is not represented at the trial as President Fidel Castro's government refuses to recognize the court's authority.
U.S. District Court Judge Lawrence King was told that three Brothers to the Rescue Cessna light planes left Miami's Opa-Locka airport on Feb. 24 on a mission to search for refugees trying to flee the Communist-ruled island by sea.
Charles Leonard, testifying as an aviation expert witness, said the planes had notified Havana air control of their flight path over the Florida Straits.
Cuban defense radar picked up the planes even before they crossed the 24th parallel marking the boundary between U.S. and Cuban air control, he said, citing the International Civil Aviation Organization (ICAO) investigation into the incident.
Cuban warplanes based at San Antonio de las Banos were put on alert, according to Leonard's testimony. Then a Mig 29 and a MiG-23 equipped with state-of-the art R-73 missiles were scrambled. They spotted the Cessnas and radioed military control "OK the target is in sight.''
The MiG-23, piloted by Lt. Col Lorenzo Alberto Perez Perez with his brother Lt. Col Francisco Perez Perez as co-pilot, radioed: "I have it in lock-on, I have it in lock-on. Give us authorization.''
About the same time, a Cessna piloted by Brothers' leader Jose Basulto radioed Havana civilian control with the message: "Warm greetings. We report to you from 12 miles from Havana... It's a beautiful day today and Havana looks just fine from up here. Cordial greetings from the Brothers to the Rescue.''
Thirteen seconds later the MiG received authorization to fire. A rocket blew another of the Cessnas apart.
"We hit him, damn, we hit him. We retired him. We are over it. This one won't mess around anymore,'' the MiG pilot said, according to the testimony.
Minutes later, the Cuban pilot said he had a second Cessna in his sights. Shortly afterward he radioed: "The other one is destroyed, the other one is destroyed.''
Basulto's Cessna made it back to Miami safely.
The victims' relatives looked grim-faced as Leonard spoke. He said neither the Cuban military nor civilian air control had warned the planes they were under threat of attack. "At no time were they ever in Cuban airspace,'' he said.
To win, the plaintiffs must show the downing occurred over international waters. The lawsuit is the first to be brought under a 1996 law that allows U.S. citizens to sue foreign governments deemed by Washington to sponsor terrorism.
The incident drew international condemnation and enraged the large Cuban American population in the victims' hometown Miami, where they are now regarded as martyrs.
23:32 11-13-97