The Director of Public Prosecutions has failed in an effort to overturn a District Judge's refusal to set bail of €5.8 million for one of the world's largest fishing vessels, the Dutch-owned Annelies Ilena, formerly the Killybegs-owned Atlantic Dawn.
The President of the High Court, Mr Justice Nicholas Kearns, today ruled the DPP had failed to make out an arguable case entitling her to be granted leave to seek orders quashing a District Judge's decision setting bail for €250,000, rather than €5.8 million, pending the trial of fishing offences alleged against the ship's master, Gerrit Plug.
Despite legitimate concerns about excessive fishing and the effects of these “enormous factory ships”, there was nothing to suggest the €5.8 million gear could be forfeited in the event of a conviction given the small amount of fish involved in the relevant alleged offences, the judge said.
There was a distinction between forfeiture, which concerned the nature of the penalty imposed, and the value of fishing gear, he said. The relevant legislation was directed at forfeiture.
He also had to have regard to the daily losses of soem €125,000 said to incurred while the vessel remained detained, the judge added. In all the circumstances, it was not appropriate to quash the District Court order and no case had been made out that the District Judge acted irrationally.
Mr Plug, a Dutch national, is charged with three offences including discarding smaller fish in breach of EU rules and failing to make the correct log-book entry. It is also alleged he high-graded the catch by discarding smaller fish and retaining larger fish to increase its value. He denies the charges and the trial is fixed for December 10th.
The Annelies Ilena, owned by the Dutch-company Parlevliet and Van der Plas, was boarded off Tory island last Friday by Irish Navy officers and an afficial from the Sea Fisheries Proteciton Authority and Mr Plug was ordered to take it to Killybegs port. A 48 hour detention order was made at Sligo District Court on Saturday evening and Mr Plug was charged with the three offences.
When the matter came before District Judge Kevin Kilrane on Monday he was told by representatives of the ship's owners the likely evidence was some horse mackerel worth about €20 but the State was seeking some €5.8 million as a bond. A bond of €100,000 was offered by the owners but the State Solicitor for Co Donegal, Ciarán Liddy, argued Judge Kilrane had no discretion but to direct the bond be in the sum of €5.8m.
Judge Kilrane fixed bail at €250,000 to be put up before him today before the vessel would be released.
In seeking leave for judicial review, counsel for the DPP argued the relevant law meant bail had to be set according to the value of the catch and gear, some €5.8m, and the District Judge had no discretion in that regard.
If there was a conviction, any fishing gear found to relate to the relevant offences can be seized, counsel submitted.
Counsel for the ship’s owners argued an incorrect interpretation of the law was being advanced and there was no reality to any claim that any fine which might be imposed would be close to €5.8m. Mr Plug was prepared to abide by the court orders and, if there was a conviction, there was no reason why any judgment could not be enforced in the EU, counsel added.
