THE MASTER of a Spanish fishing trawler arrested off the Co Cork coast has lost a High Court bid to stop his trial on charges alleging obstruction of fisheries protection officers by allegedly cutting nets to release the boat's catch into the sea after the vessel was boarded.
The case centred on whether the State, in the context of the aims of the EU Common Fisheries Policy, is entitled to prosecute such charges on indictment and to choose a penalty of mandatory forfeiture of a boat's catch and gear.
Mr Justice Iarfhlaith O'Neill yesterday ruled for trial on indictment and said the sanction chosen was appropriate.
Deterrence of future offending was a requirement of the regulation, he noted. He was giving his judgment dismissing proceedings by Augustin Ferradas Martinez aimed at preventing his prosecution before Cork Circuit Criminal Court.
The case arose after the MV Playa de Lagos, of which Mr Martinez was master, was arrested by the LE Eithneon May 31st, 2006, after being boarded and inspected.
Mr Martinez was initially charged with two summary offences of obstructing a sea fisheries protection officer by "slipping" the nets, inferring the nets were cut to release the catch into the sea. The catch on board was valued at €27,000.
A further charge was later brought under section 11 of the Sea Fisheries and Maritime Jurisdiction Act 2006, which may be tried summarily or on indictment. This alleged Mr Martinez contravened an EC regulation in obstructing inspection of his vessel, an offence carrying a penalty of mandatory forfeiture of all fish and gear and a fine of up to €100,000. The State opted for trial on indictment.
Mr Justice O'Neill said the principal issue was whether mandatory forfeiture of catch and gear, plus the procedure whereby the charges were brought on indictment, was disproportionate and unconstitutional.
He ruled that the Attorney General had discretion whether to try offences summarily or on indictment. The exercise of that discretion was non-reviewable unless bad faith could be shown and this did not arise.
On the proportionality of the penalty of mandatory forfeiture, he said this must be decided against the backdrop of the aims of the common fisheries policy. These made it imperative fisheries protection officers be able to inspect vessels without being frustrated by the kind of conduct alleged against Mr Martinez.
