French Trawler Freed
A French Fishing vessel which had been detained and proscuted for Fishing Offences relating to the use of a prohibited in ICES Zone VIIj has seen the prosecution withdrawn.
The Skipper of the vessel had been prosecuted under EC Regulation 494/2002 for using a Fishery net prohibited by Article 5.2 of the Regualtion.
The Captain was detained in Castletownbeare and was brought before Schull District Court and charged with the offence. At that hearing the Attorney General indicated that the matter was a serious one and that he was seeking trial by way of indictment in the Circuit Court.
The matter was returned to Cork Criminal Circuit Court for trial on a plea of not guilty.
In advance of the Trial, Conways Solicitors preperaed a detailed submission. This was submitted to the State for consideration in advance of the trial.
The basis of the Submission that Regulation 43 of 2009 (which runs to 205 pages) had been implimented and that at page 157 in Annex III, a derogation now existed as to the offence created in Article 5.2 of Regulation 494 of 2002.
Further, the 2009 Regulation superceeds the 2002 Regulation and therefore the express technical provisions had been ‘retired’.
It was subsequently conceeded by the State that this was the postion and a Noelle Prosequi was entered.
An order for Costs was subseqently granted by Cork Circuit Court in favour of the owner.
The Skipper was discharged and the Bond returned to the owner.
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