The South Western Regional Fisheries Board yesterday secured leave to challenge a decision by Judge Sean O'Leary in the Circuit Court allowing the appeal of a man convicted at the District Court of a fishing offence.
In May 1st, 1998, Mr Patrick J. Cremin of Letter Lower, Kilgarvan, Co Kerry was convicted by Judge Humphrey P. Kelleher in Kenmare District Court of using a net for catching fish in the freshwater part of the River Slaheny in Kilgarvan. On that occasion he was fined £100 and ordered to pay £260 costs.
Mr Cremin appealed and the conviction was set aside on July 15th last by Judge O'Leary in Killarney Circuit Court when the judge ruled that the use of a net becomes unlawful only when a person catches fish.
In an affidavit presented to the High Court yesterday, Mr Michael C. Larkin, solicitor for the board, said he was advised that the offence as charged was committed once it was proven that Mr Cremin had begun to search for fish and used the net in that search. Mr Justice Geoghegan granted the board leave to seek a judicial review of the Circuit Court judge's order upholding the appeal.