A call has been made for the urgent reform of Ireland’s sea fisheries legislation after a trawler master was acquitted of charges of failing to accurately record his catch by a Co Donegal court.
Gareth Murphy, master of the Western Chieftain, appeared at Donegal Circuit Court charged with failing to accurately record data in the fishing logbook of the operations of a Union fishing vessel.
The Killybegs-based skipper was charged with being in contravention of Article 14 of Regulation (EC) 1224 of 2009, and in contravention of Regulation 5 of Sea-Fisheries (Community Control System) Regulations 2016, contrary to Section 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006.
Mr Murphy was charged with the alleged breach on October 10th, 2021, within the Exclusive fishery limits of the State.
He was charged with failing to accurately record in the logbook for the operations of the said sea-fishing boat catch of Herring by recording 25,000kgs of Herring in the fishing logbook when an amount of 33,880kgs of Herring was landed.
However, after a two day trial in front of ten men and two women at Donegal Circuit Court, sitting at Letterkenny Courthouse, Judge John Aylmer directed the jury to return a verdict of not guilty for Mr. Murphy.
The Western Chieftain
The court found that the defendant had no case to answer due to a failure by the Director of Public Prosecutions (DPP) to present fundamental evidence.
The case was brought by the DPP at the behest of the Sea-Fisheries Protection Authority (SFPA), an independent statutory body responsible for the regulation of the sea-fisheries and the sea-food production sectors.
The court heard that there is a 10% tolerance for log-book records on a catch.
In delivering his decision, Judge Aylmer stated that the DPP was relying on inadmissible hearsay evidence in relation to the estimated quantity of fish landed.
Accepting the defence’s argument that a key element of the case was not proven, he directed the jury to acquit Mr. Murphy, who was represented by Ruth Mc Donagh of MG Ryan Kieran Murphy Solicitors and Ed Sweetman BL.
The Irish Fish Producers Organisation (IFPO) has now called for urgent reform of Ireland’s sea fisheries legislation.
Aodh O’Donnell, CEO of the Irish Fish Producers Organisation (IFPO), said “We are committed to good ocean governance and the long-term sustainability of our coastal communities. While the SFPA has a crucial role in monitoring and enforcement, this case underscores the serious challenges posed by existing legislation.
Aodh O’Donnell
“As representative organisations, we regularly engage with the SFPA regarding the need to have a robust and fit for purpose implementation of control measures.
“The current method of applying landing estimation tolerances is simply unworkable in real-world conditions. Even the most minor deviation from the 10% margin can trigger a criminal prosecution and a full jury trial.”
The Murphy case has been widely regarded within the seafood sector as a test of legislation governing the on board estimation of fish landings.
The outcome has cast a spotlight on what many see as significant flaws in current fisheries control laws, claims the IFPO.
O’Donnell emphasised the need for legislation that aligns with recent revisions to EU control regulations and called for urgent reform to prevent similarly flawed prosecutions.
He added “This verdict highlights the urgent need for a robust, harmonised, and credible legislative framework. We urge the DPP and relevant authorities to take full account of this ruling and act swiftly to reform the system.”
Judge Aylmer has deferred a decision on the awarding of legal costs, with submissions to be heard in May.
Despite the acquittal, the State may still contest the costs’ application.
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