The active player conducts an intercept against the defending player's damaged merchant using a warship or raider.
The defending player plays a 'Non-Combatant' reaction card. Is the...
Play of the 'Non-Combatant' card is illegal vs. a damaged merchantman (and discarded per 184.108.40.206) as it only applies to undamaged Merchantmen.
In a live action games, a player would not play that card knowing is is an illegal play. In a solitaire game, the action is ignored.