Courts / Cork / Report
Dutch skipper's nine-year legal battle sunk
Summary
In April 2024 the Court of Appeal reimposed a penalty on Dutch skipper Klass Dirk Meijvogel after quashing a previous order that had confiscated his catch and fishing gear worth almost €400,000. Meijvogel, 43, had been convicted in 2015 of a single technical fishing offence while captaining the Wiron 5 in Irish waters. The original confiscation, which seized €344,960 of catch and €55,000 of gear, was deemed potentially disproportionate by the appeal court. The court found that the offence was a moderate‑level breach of Irish maritime law, that the harm was minor but the potential for great harm existed, and that the penalty needed to be effective, proportionate and dissuasive. Consequently, the Court of Appeal reinstated a fine of €500 and the same confiscation order for the catch and gear, stating the sanction was appropriate and not disproportionate to Meijvogel's role as master of a fishing vessel. Klass Dirk Meijvogel pleaded not guilty.
Who, what, where, when and why
What: Report matter: Dutch skipper's nine-year legal battle sunk. 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
- November 2019 Incident
- January 2024 Hearing Or Sentence
- January 1, 2015 Incident
- 2024-04-26 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
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: Convicted
Outcome: Convicted; He said the court was satisfied in the circumstances of the case that it was appropriate to reimpose the sentence imposed by the court below. "Accordingly, we again impose a fine of €500 and a further confiscation order of catches to the value of €344,960 and of fishing gear to the value of €55,000," he concluded.
Places mentioned
- Court of Appeal
- Cork
- Cork Circuit Criminal Court
Topics
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