Courts / Donegal / Report
Dutch skipper of former "Atlantic Dawn" fails in appeal against conviction for breaching fishing regulations
Summary
Gerrit Plug, the Dutch skipper of the vessel Annelies Ilena, formerly known as the Atlantic Dawn, has lost his appeal against conviction for breaching EU fishing regulations. Plug, who pleaded not guilty to five counts, two of which were withdrawn from the jury for legal reasons, was found guilty by a jury at Letterkenny Circuit Criminal Court. The charges related to failing to record discards, discarding quota species, and exceeding permitted gaps in water separators between November 22 and 25, 2011. He was fined €105,000 by Judge John O'Hagan on March 27, 2015. In dismissing the appeal, Mr Justice Alan Mahon, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, ruled that the recording and transmission obligations were distinct duties. The court rejected arguments regarding the evidence of fish being returned to sea and the timing of the separator bar measurements, noting no evidence suggested interference after the vessel's detention. The Court of Appeal described the trial as conducted in an exemplary fashion. The matter was not concluded as the Director of Public Prosecutions has lodged an application for review of sentence on grounds that Plug's penalty was unduly lenient.
Who, what, where, when and why
What: Report matter: Dutch skipper of former "Atlantic Dawn" fails in appeal against conviction for breaching fishing regulations. Charges or matters: five counts, two of which were withdrawn from the jury for legal reasons. Procedural stage: appeal. Findings: Found guilty
When:
- November 22 Incident
- November 25, 2011 Hearing Or Sentence
- March 27, 2015 Other
- November 24 Incident
- November 22, 2013 Incident
- November 25 Hearing Or Sentence
- 2016-07-29 Publication
Case subjects
Appellant
Outcome: The Director of Public Prosecutions have also lodged an application for review of sentence on grounds that Plug's penalty was "unduly lenient".
Appellant
Charges: five counts, two of which were withdrawn from the jury for legal reasons (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; The Director of Public Prosecutions have also lodged an application for review of sentence on grounds that Plug's penalty was "unduly lenient".
Places mentioned
- Letterkenney Circuit Criminal Court
- Court of Appeal
Topics
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