[Media] Case against fisherman adjourned for sentencing

http://www.wexfordpeople.ie/news/case-a ... 07177.html

A FISHERMAN has pleaded guilty at Wexford Circuit Court to breaches of fishery regulations.

Declan Ellard, Fence, Tacumshane, Rosslare Harbour had his case adjourned for sentence to April 17.

The defendant pleaded guilty before Judge Thomas Teehan to contravening Section 4 of the Bass ( Restrictionss of Sale) Regulations of 2007.

They should make an example of him and take his licence and a big big fine . Maybe it will be an eye opener to others.

he should be ashamed of himself..

first offence? he will get a fine of about 500 euros but his nets should have been seized upon arrest, this would hit him in the pocket straight away

I agree with paul,they should make an example of him.People like this criminal make me sick . Should be ashamed of himself,its absolutely disgraceful.

first offence? he will get a fine of about 500 euros but his nets should have been seized upon arrest, this would hit him in the pocket straight away

I was under the impression that all of the equipment (boat, nets, anything what was used on the occasion) would have to be seized automatically from law enforcement powers in order to be able to preserve and provide enough evidence in a court case against this individual, even if he is only under suspicion of committing a crime?

first offence? he will get a fine of about 500 euros but his nets should have been seized upon arrest, this would hit him in the pocket straight away

I was under the impression that all of the equipment (boat, nets, anything what was used on the occasion) would have to be seized automatically from law enforcement powers in order to be able to preserve and provide enough evidence in a court case against this individual, even if he is only under suspicion of committing a crime?

this would be brilliant if it is the case.but i think its" innocent until proven guilty"cant see them keeping a boat for 12 to14 months while awaiting courts.even when international trawlers are caught inside the limits the vessel is only kept till the owners pay the fine

Hi Derek, yes, I'm aware of the presumption of innocence laws, sometimes referred to by the Latin expression 'Ei incumbit probatio qui dicit, non qui negat', this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
Nevertheless, my main concern in many of these cases is about collection of possible evidence against the alleged perpetrator.
I doubt this was done in a professional manner and this might be the main reason for the case being adjourned to a later date. I am neither an expert nor do I have any insight into the data in question, so please treat this purely as my own opinion.
However, I am certain, that this case will be brushed under the carpet, for whatever reason. There is very little chance that it will be made into an exemplary one or a guideline for further cases. Apologies for being so negative.

Convictions and fines for two fishermen who used nets to catch bass.

Yesterday at Midleton District Court 2 fishermen were found guilty of using nets to catch bass. IFI Fisheries Officers observed the nets on the evening of 11 July 2011 and in the early hours of the next day apprehended the two men.

In evidence the Fisheries Officers stated that following a report they observed a net fixed out just off the shore at Aghada Power Station which was subsequently hauled into an unlighted punt used by the two fishermen in conjunction with a sea fishing boat which was also unlit. The officers quietly approached the punt in a protection boat and using a powerful hand-held spot light suddenly confronted the fishermen. The pair reacted by heaving a fish box containing approximately 20 Bass over the side of the punt into the water.

The fishermen, who retained a Solicitor to fully contest the offences on their behalf, stated that they were fishing for mullet and had taken the bass as a by-catch but had not had the opportunity to discard the Bass, which were in the fish box, before the Fishery Officers appeared on the scene.

Judge Olann Kelleher said he was satisfied that both men were guilty. For using a net to catch bass he fined each man €600 and ordered each man to pay €300 costs. He also made an Order for the Forfeiture of the nets.

Well done to the fisheries officers but these lad only seem to be getting away with a slap on the hand
I doubt it will stop any others doing it

Shocking and disgusting verdict, I am not a bit surprised. Trust nobody is the sad conclusion for me!

Shocking and disgusting verdict, I am not a bit surprised. Trust nobody is the sad conclusion for me!

about what i expected martin. now if the fish had of been salmon, the judge would impose a fine of 1000 to 1200 euro for a first offence and 2000 with 6 months in prison for a second offence.thats the way it has always been.bass are afforded very little protection by the law in fact id say the officers involved in the above case risked life and limb to get them to court and are probley wondering why they bothered in the first place.

the way things are with the economy i'm afraid we're gonna see a lot more of this sort of thing the fishery officers can't be everywhere but us anglers can help by giving them a bell when we see anything dodgy going on!