Letterkenney Circuit Criminal Court

2016-07-29 · Donegal

Dutch skipper of former "Atlantic Dawn" fails in appeal against conviction for breaching fishing regulations

Gerrit Plug, the Dutch skipper of the vessel Annelies Ilena, formerly known as the Atlantic Dawn, has lost his appeal against conviction for breaching EU fishing regulations. Plug, who pleaded not guilty to five counts, two of which were withdrawn from the jury for legal reasons, was found guilty by a jury at Letterkenny Circuit Criminal Court. The charges related to failing to record discards, discarding quota species, and exceeding permitted gaps in water separators between November 22 and 25, 2011. He was fined €105,000 by Judge John O'Hagan on March 27, 2015. In dismissing the appeal, Mr Justice Alan Mahon, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, ruled that the recording and transmission obligations were distinct duties. The court rejected arguments regarding the evidence of fish being returned to sea and the timing of the separator bar measurements, noting no evidence suggested interference after the vessel's detention. The Court of Appeal described the trial as conducted in an exemplary fashion. The matter was not concluded as the Director of Public Prosecutions has lodged an application for review of sentence on grounds that Plug's penalty was unduly lenient.

2015-07-13 · Donegal

Prosecutors to argue in October that two-year jail term imposed on man whose dangerous driving killed 8 people was 'too lenient'

The Director of Public Prosecutions will argue before the Court of Appeal in October that a sentence imposed on a man convicted of dangerous driving causing eight deaths was unduly lenient. Shaun Kelly, aged 26 and from Hill Road, Ballymagan, Buncrana, County Donegal, pleaded guilty at Letterkenney Circuit Criminal Court to dangerous driving that resulted in the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He received a four-year custodial sentence with the final two years suspended by Judge John O'Hagan in December 2014, and was disqualified from driving for a decade. The DPP has applied for the Court of Appeal to review the sentence on grounds of undue leniency. Mr Justice George Birmingham set 22 October 2015 for the hearing.