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Case of Portuguese fisherman charged with illegal fishing suspended
ST. JOHN'S, N.L. - The trial of a Portuguese fisherman charged with violating Canadian fishing regulations five years ago, a case seen as a test of Canada's ability to combat overfishing within its waters, was suspended indefinitely Tuesday.
Jose Ramalheira, captain of the Santa Mafalda, is accused of unlawfully fishing within Canada's 200-nautical-mile economic zone on May 14, 2003.
Ramalheira's case was supposed to begin in provincial court Tuesday.
But his lawyer, John Sinnott, has applied to the Newfoundland and Labrador Supreme Court to prohibit the judge from proceeding with the trial without Ramalheira present.
Ramalheira, who is in Portugal, is unable to attend his trial because of ailing health, Sinnott said.
"We don't want to defend this case without him being in court," Sinnott said.
Sinnott said he wants to proceed with the case as soon as possible, but added that Ramalheira's presence is required in order for him to have a fair trial.
Two years after the alleged incident, federal fisheries officials seized Ramalheira's fishing vessel and arrested him.
It marked the first time Canadian officials seized a foreign vessel off the coast of Newfoundland since the so-called turbot war more than a decade ago, when Canada seized the Spanish trawler Estai under the direction of then-fisheries minister Brian Tobin.
But unlike the Estai, the Santa Mafalda was arrested in Canadian waters.
The case, which has previously been riddled by various delays and deferments, has been suspended while the province's Supreme Court deals with Sinnott's application.
Over the past 13 years the Santa Mafalda has received 14 citations for violations in international waters outside Canadian jurisdiction.
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