$5 fine for $10,000 of illegal fish

By NICOLETTE BURKE

CAUGHT red-handed with $10,000 worth of Australian fish, a group of illegal Indonesian fishermen faced South Australian justice and were fined - just $5.

Despite the maximum penalty being 5500 times that much, an Adelaide magistrate took pity on the fishermen and handed out a fine that wouldn't even pay for a handful of prawns for Easter Sunday lunch.

Deputy Chief Magistrate Andrew Cannon fined the trio last week, saying that because their boat had been destroyed by Australian authorities, and they didn't have the financial capacity to pay, they deserved a more lenient penalty.

He also waived their court costs.

The Director of Public Prosecutions is appealing against the sentence, and Fisheries Minister Eric Abetz said the penalty did not reflect the gravity of the crime.

Three Indonesian boat masters faced court last week, each pleading guilty to two charges and fined $5 for each charge:

YOBARE Ari Yanto, master of the Sagero 02, who was apprehended 4.2 nautical miles northeast of Mornington Island in the Gulf of Carpentaria. The boat, with 10 crew, had a catch on board of 50kg of shark fin worth approximately $10,000 on the black market.

MANSIBU, master of the Sumber Rejeki, was apprehended 89 nautical miles within the Australian fishing zone near Cape Wessel, off Arnhem Land, with four shark fins and reef fish worth about $130. The captain of six crew admitted he knew they were in Australian waters.

DIDIN, master of the Aria Duta, was caught 85 nautical miles within the Australian fishing zone near Cape Wessel, with six crew and longline nets. The captain admitted he knew he was in Australian waters.

Fisheries Minister Senator Eric Abetz said that while he could not comment directly on the cases because they were subject to an appeal, it was critical that those caught stealing our fish be dealt with strongly.

"To violate Australia's national sovereignty and steal our fish is a most serious matter," he told The Advertiser. "We need to send a message to those who seek to steal our fish that if you do so, you will be dealt with harshly.

"Whilst I support judicial discretion, when the legislature has determined that the maximum penalty for such crimes is $27,500 per offence, an actual penalty of just $5 does not necessarily reflect the gravity with which Parliament views these crimes."

Gary Ward from the Gulf of Carpentaria Fishing Association said yesterday the fine was "pathetic".

"We pay taxes, licence fees, we support our communities and we sit here while these blokes come in and take all the fish," he said.

"I'm starting to get to the stage after all these years where I'd like to have a boat with a 50 calibre machine gun on the front. That's how desperate we've become."

The trio remain in Baxter detention centre, pending an appeal, due to be heard in early May.


Source:

The Advertiser

April 11, 2006

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