Courts / Donegal / Report

Skipper of one of world's largest trawlers appeals conviction for breaching fishing regulations

Summary

Gerrit Plug, a 59-year-old Dutch national, has appealed his conviction for breaching European Union fishing regulations in Irish waters. Plug was found guilty by jury at Letterkenny Circuit Criminal Court of failing to record estimated discards exceeding 50 kilograms, discarding quota-restricted species, and exceeding maximum spacing requirements in water separators aboard the Annelies Ilena between November 22 and 25, 2013. He was sentenced to a fine of €105,000 in March 2015. At the Court of Appeal in Dublin, Plug's counsel challenged the conviction on multiple grounds, questioning whether the prosecution had proven the fish were discarded into the sea rather than merely present on the vessel, and arguing the trial judge erred in legal interpretations regarding logbook offences and water separator regulations. The Director of Public Prosecutions defended the conviction, citing substantial evidence including photographic material and witness testimony from Sea Fisheries Protection Officers. The three-judge panel reserved judgment. The prosecution has separately applied for review of sentence, contending the fine was unduly lenient. Gerrit Plug pleaded not guilty.

Who, what, where, when and why

What: Report matter: Skipper of one of world's largest trawlers appeals conviction for breaching fishing regulations. Charges or matters: five counts, two of which were withdrawn from the jury for legal reasons; the offence as having been committed on November 22 but the inspection only took place two days later. Procedural stage: appeal. Findings: Found guilty

When:

• November 22 Incident
• November 25, 2013 Hearing Or Sentence
• March 27, 2015 Other
• November 22, 2013 Incident
• November 25 Hearing Or Sentence
• 2016-07-05 Publication

Why: It was somewhat unreal to suggest otherwise, he said, because otherwise one would have to jump into the sea after the fish had been discarded and count them individually. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report