Courts / Cork / Report

Dutch skipper's conviction for breaching fishing regulations is upheld

Date
2018-10-11
Stage
Appeal
Primary locality
Cork
County
Cork

Summary

The Court of Appeal dismissed the appeal of Dutch skipper Klass Meijvogel, who had been convicted for breaching fishing regulations on the Wiron 5. Meijvogel, who pleaded not guilty, was found guilty by a 10‑2 jury for having equipment that could return fish to sea, contravening the requirement to freeze fish immediately and prevent the return of marine organisms. He was fined €344,960 for the catch and €55,000 for the gear. The appeal was rejected because the appellant did not challenge the indictment, seek a directed acquittal, or clarify the judge's directions. The Court of Appeal noted possible tensions between Articles 19 and 32 of Council Regulation (EC) No 850/98 but found no need for legislative intervention in this case. The appeal was dismissed, and the court will consider the severity of the penalties in the future.

Who, what, where, when and why

What: Report matter: Dutch skipper's conviction for breaching fishing regulations is upheld. Charges or matters: having equipment on board the Wiron 5 vessel that was capable of returning fish to sea on February 11, 2015. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Klass Meijvogel

Defendant

Charges: having equipment on board the Wiron 5 vessel that was capable of returning fish to sea on February 11, 2015 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Meijvogel was found guilty by a 10-2 majority jury verdict and fined €344,960 (the value of the catch) and €55,000 (the value of gear) by Judge Seán Ó Donnabháin on July 27, 2015.

Places mentioned

Court Venue
  • Cork
  • Cork Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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