Courts / Cork / Report
Spanish fisherman who under-recorded monkfish catch fails in appeal
Summary
In August 2013, Jesus Ramon Rea Rosales, 41, Master of the Spanish fishing vessel Armaven Dos, was detained by Sea‑Fisheries Protection Officers after it was discovered he had 11,888 kg of monkfish on board, exceeding the permitted 7,344 kg. He pleaded guilty in Cork Circuit Court, was fined €2,500, and had €92,500 worth of catch and equipment forfeited under Sea Fisheries and Maritime legislation. Rosales appealed to the Court of Criminal Appeal, arguing that none of the gear should have been forfeited because it was unrelated to the offence. The Court, presided over by Ms Justice Elizabeth Dunne with Ms Justice Mary Finlay‑Geoghegan and Mr Justice Michael Moriarty, rejected the appeal. The court held that penal statute must be interpreted strictly, and that any fish or fishing gear found on the boat to which the offence relates is liable to forfeiture, making forfeiture mandatory for all the fish and gear involved.
Who, what, where, when and why
What: Report matter: Spanish fisherman who under-recorded monkfish catch fails in appeal. Charges or matters: the offence in Cork Circuit Court and was fined €2,500 and had €92,500 worth of catch and equipment forfeited under Sea Fisheries and Maritime legislation. Procedural stage: appeal
When:
- August 2013 Incident
- 2014-10-20 Publication
Why: It was contended on behalf of the applicant, who was not in court for today's application, that none of the gear should have been forfeited because it was equipment which did not relate to the offence. CNI source report
Case subjects
Appellant
Charges: the offence in Cork Circuit Court and was fined €2,500 and had €92,500 worth of catch and equipment forfeited under Sea Fisheries and Maritime legislation (Admitted)
Plea: Guilty
Outcome: Mr Rosales (41) with an address in Pontevedra, Spain, had pleaded guilty to the offence in Cork Circuit Court and was fined €2,500 and had €92,500 worth of catch and equipment forfeited under Sea Fisheries and Maritime legislation.
Places mentioned
- Cork
- Cork Circuit Court
Topics
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