Fisherman allegedly landed five times the allowed herring catch at Donegal port

A man who is alleged to have landed 53 tonnes of mackerel when there was a ten-tonne limit in place has been advised by a district court judge to ‘consider instructing a solicitor.’

Gary Kennedy of The Port, Inver, was before Donegal District Court sitting in Ballyshannon on Monday, November 24. He was not represented by a solicitor.

State solicitor Kieran Dillon told the court that the accused was fishing Inver Bay in a vessel under 10m.

“He sent a message saying he was landing under 10 tonnes,” said Mr Dillon. “He landed 53 tonnes instead of the 8.5 tonnes he had indicated.

“Inver was not a designated port at that time.”

Mr Dillon said the Director of Public Prosecutions (DPP) had directed summary disposal, meaning that the case could be heard in the district court rather than going before a jury in the circuit court. He added that it was for the judge to consider if she would hear the court at district court level.

Kennedy is charged that on January 23, 2023, being the Master of the Irish sea-fishing boat Abigale S bearing registration number SO354, he allegedly landed catches of herring, weighing in excess of 10 tonnes, in a port not designated for such landings, namely Inver, County Donegal. The offence is a breach of Article 79 of Commission Regulation (EU) No 404/2011 and is contravention of Regulation 5 of the Sea-Fisheries (Community Control System) Regulations 2016 (Statutory Instrument No 54/2016, and contrary to Section 14 of the Sea Fisheries and Maritime Jurisdiction Act, 2006. 

On the same date, Kennedy is alleged to have failed to inform the competent authority of the quantity in kilograms live weight of herring retained on board the vessel where such catch exceeded ten tonnes in weight. That offence is a breach of Article 80(1) of Commission Regulation (EU) No 404/2011 and is in contravention of Regulation 5 of the Sea-Fisheries (Community Control System) Regulations 2016 (Statutory Instrument No 54/2016 and contrary to Section 14 of the Sea Fisheries and Maritime Jurisdiction Act, 2006.

Judge Éiteáin Cunningham told the defendant: “It is a serious charge before the court. You are absolutely entitled to defend yourself but I think you should consider instructing a solicitor. I don’t want you to be in a situation where you are in any way not understanding the situation

“I am going to put the matter back for consideration of jurisdiction and for you to consider instructing a solicitor.”

The case was adjourned to January 26.