Fishers Challenge Australian Sovereignty Commonwealth

 
Fishers Challenge Australian Sovereignty: Commonwealth

By Peter Collins

Incursions by fishermen into the Australian Fishing Zone was seen as a
challenge to Australian sovereignty, the Perth Magistrates Court was told
today. (12/02/04)

35 fishing crew of the boat Maya V, allegedly caught inside the Australian
Fishing Zone on January 21 this year, were charged under the Australian
Fisheries Resource Management Act for allegedly operating a vessel
illegally inside Australian waters.

It is the first time that alleged illegal Patagonian Toothfish fishing
vessel crew with no prior record have been charged with the offence.

"Parliament considers the protection of our fisheries as of utmost
importance," Amber Goddard for the Commonwealth Department of Public
Prosecutions told Magistrate Packington presiding.

Ms Goddard said there was a rising concern of illegal foreign fishing
vessels in the Australian Fishing Zone and that Australian sovereignty was
challenged by the activities.

Mr Mark Manners for the defendants who are mostly Chilean and Uruguayan,
had earlier told the court that their was no evidence to suggest the
fishermen were fishing inside Australian waters.     

He said the fishers would all vigorously challenge the charges.

At one stage, when offered to question the Magistrate about the charges,
several fishermen spoke to the court through translator Henra Cerda, with
one saying the crew had no knowledge they were inside the Australian
Fishing Zone.

Ms Goddard responded to both the fishing crew and defence lawyers
assertions to the court, by saying: "it doesn't require knowledge they are
in the AFZ."

"We have we have a strong case," she told the court.

The court was told that the crew's employer, believed to be Alcimar SA,
would not meet bail for the crew, who were taken from court to Hakea Prison
Farm.

Magistrate Packington said he had to concur with previous Magistrates
dealing with illegal Patagonian Toothfishing charges, and Supreme Court
Justice Miller, that the men would pose a flight risk if no bail was posted.

If the crew can make bail, they are allowed to reside in Fremantle and
report twice weekly to police, Mr Packington said.