Courts / Cork / Report
Court quashes €400k orders against Dutch skipper
Summary
In a 2023 decision, the Court of Appeal quashed the confiscation of almost €400,000 in catch and gear from the Dutch factory ship Wiron 5, whose skipper, Klass Dirk Meijvogel, had been convicted in 2015 for a single technical fishing offence. The original penalty, imposed by Judge Seán Ó Donnabháin, ordered the forfeiture of €344,960 worth of fish and €55,000 worth of gear. The appeal court found that the judge was misled by counsel, who insisted the judge had no discretion and must order forfeiture. It deemed the confiscation disproportionate and overturned the penalty. The court will later hear arguments from both sides to determine a proportionate penalty. Meijvogel had pleaded not guilty but was found guilty by a 10‑2 jury at Cork Circuit Criminal Court.
Who, what, where, when and why
What: Report matter: Court quashes €400k orders against Dutch skipper. Charges or matters: the single fishing offence, but was found guilty by a 10-2 majority jury verdict following a trial at Cork Circuit Criminal Court in 2015. Procedural stage: appeal. Findings: Found guilty
When:
- February 11th, 2015 Incident
- July 27, 2015 Other
- 2023-07-25 Publication
Why: The court found that the judge who sanctioned the confiscation was led into error because counsel for the prosecution and a solicitor for the defendant told him that he had no discretion in the matter and had to order the forfeit of the catch and fishing gear. Prosecution account reported by CNI
Case subjects
Appellant
Charges: the single fishing offence, but was found guilty by a 10-2 majority jury verdict following a trial at Cork Circuit Criminal Court in 2015 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty
Places mentioned
- Court of Appeal
- Cork
- Cork Circuit Criminal Court
Topics
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