THE outcome of a Cork Circuit Court case this week in which a Spanish fishing skipper escaped a hefty fine over a flag technicality has "dumbfounded" the Irish South and West Fishermen's Organisation (IS&WFO).
The skipper of the Atlantic B, Mr Angel Eugino Fernandez Martinez, was found not guilty of failing to keep a log book because the Naval Service boarding ding by carrying out the original detention in a rigid inflatable was not flying the correct flags.
Ironically, the dinghy was attached to the naval flagship LE Eithne. It was the first case of its type to come before the State under new EU regulations.
Mr Rory Conway, solicitor for the skipper, argued that the dinghy dispatched was not complying with EU rules, under which both the SQ3 flag and the fishery pennant compulsory under international law must be displayed. The boarding had taken place shortly after 8 a.m. on January 22nd, when the vessel was found to be fishing within Irish waters.
Mr Conway did not win his point that the rule was compulsory. The fact that the Naval Service patrol ship was in clear view, and the boarding party was wearing Naval Service gear, was taken into account. It is understood that the skipper was also below decks at the time.
However, because of the element of doubt involved, Judge A.G. Murphy instructed the jury to find the skipper not guilty because there was "an incurable flaw in the State's case".
We are astounded," Mr Tom Hassett, secretary of the IS&WFO, said yesterday, expressing concern that there would be more such cases.
