A fisherman found illegally fishing on a part of the River Blackwater owned by the Duke of Devonshire was fined €50 yesterday at Cappoquin District Court, Co Waterford.
The court also heard of a dispute about the alleged unfair exclusion of some local people from an angling club which gets public funding.
Michael (Milo) O'Shea, a glass factory worker from Ballycoe, Dungarvan, Co Waterford, contested the charge at a previous sitting of the court last June where his defence solicitor, Mr Paddy Gordon, asserted that the Duke of Devonshire did not own the rights to tidal waters on the River Blackwater.
However, Judge James McNulty upheld the decision that the duke owned the stretch of the river, a decision dating back to the House of Lords in England in 1882.
He found in favour of the prosecution to prosecute O'Shea for illegal fishing at Kilbree West on July 5th, 2003.
The matter had been adjourned to yesterday for penalties to be imposed.
The court also heard that O'Shea, along with fellow fisherman Mr Pat Ryan, Ballyneety, Dungarvan, has submitted a lengthy dossier to the Secretariat-General of the European Commission on October 18th last.
The dossier alleged that public funding given to the then Cappoquin Coarse Angling Club was not used under the conditions attached to the funding from the EU.
Mr Gordon said his client, and 30 others, were members of the club until 1999, when the club received a grant and changed its name to Cappoquin Salmon and Trout Anglers Association.
"The EU provided €133,350 of a grant in conjunction with Waterford County Council and one of the conditions is that it be made available to the public under equal opportunity of access," Mr Gordon said.
He submitted that it did not make any sense to prosecute a man who was previously a member of the club and which had received public money.
A recent application by O'Shea to join the Cappoquin anglers association was also refused by the a.g.m.
Mr Joe Lavan, prosecuting for the association, said O'Shea's membership application was only refused because he was on a waiting list behind 70 other people.
He said the club had up to 100 members, a mixture of associate members and full members.
"The club promotes fishing for Cappoquin and is a main source and asset to the town," Mr Lavan added. "The defendant was fishing illegally on the river and I would ask you to impose a penalty."
Judge McNulty noted that O'Shea had applied to the club for membership as the court had previously asked.
He said the case was proven, there was no dispute of the facts and he handed down the €50 fine.
Speaking about the alleged exclusion of people from the anglers' association, the judge remarked that "those who seek to assert their rights have an obligation to respect the rights of others".
"A man should come to court with clean hands," Judge McNulty said, "and what I have heard about public money being funded to the local fishery, it seems to this court that the club may need to think long and hard about the situation, before someone else compels them to do so."