Courts / Cork / Report

Court mulls penalty over factory ship found to have illegal grading facilities

Summary

In a 2024 Court of Appeal hearing, the court considered the appropriate penalty for Dutch skipper Klass Dirk Meijvogel, aged 43, who was convicted in 2015 of a single technical fishing offence for operating the factory trawler Wiron 5 in Irish waters. The offence involved the use of equipment capable of grading fish and returning low‑grade pelagic fish to the sea, contrary to EU regulations effective 1 January 2015. The original 2015 judgment had confiscated the vessel's entire catch (€344,960) and gear (€55,000), a penalty later deemed potentially disproportionate. Meijvogel's counsel argued that the confiscation was mandatory and that no evidence showed fish were returned to the sea, and that the penalty had no monetary benefit to the skipper. State counsel countered that the forfeiture was justified by the presence of illegal grading facilities and that the penalty should remain dissuasive. Klass Dirk Meijvogel pleaded not guilty.

Who, what, where, when and why

What: Report matter: Court mulls penalty over factory ship found to have illegal grading facilities. 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: Convicted

When:

• February 11, 2015 Incident
• January 1, 2015 Incident
• February 2015 Hearing Or Sentence
• 2024-01-16 Publication

Why: The court found that Judge Seán Ó Donnabháin, who sanctioned the confiscation was led into error because counsel for the prosecution and a solicitor for the defendant told the judge 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

Places mentioned

Topics

Stage Appeal

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Read the original CNI report