English
The fishing vessel K Camellia was arrested for fishing within the Tuvalu EEZ without a valid and applicable permit. Before the Senior Magistrate’s Court, the defendants, the master of the vessel and the company owning the vessel, were charged under the Marine Resources Act. They were fined, and their fishing gear forfeited.
There were appeals from both the defendants and from the Crown. The Crown meant that the Senior Magistrate had erred when awarding less than the minimum penalty and interpreting the minimum penalty rules in a faulty way. The defendant questioned the validity of the charges themselves, the jurisdiction of the Senior Magistrate and the validity of the pleas of guilty. They also meant that the sentences were unlawful and excessive and that later, the Senior Magistrate did not have the jurisdiction to order a bond when the defendants sought to have the vessel released pending the appeal.
The Court concluded that the appeal by the Crown was allowed and the previous sentences were quashed. The Court thus set the penalty to the minimum. Moreover, the Court found the defendants guilty, but saw that the delay of the release of the K Camellia was in itself an added penalty. Therefore there was no reason to set the penalty above the minimum. Lastly the Court ordered that the fish should be forfeited, but the vessel returned after the fines had been paid.