Republic v Nilanga & Ors [2020] SCSC 409 (20 March 2020)

The accused pleaded guilty to and was convicted of fishing without a Fishing Vessel Licence contrary to section 11(1) as read with section 58 of the Fisheries Act of 2014 (Act). 

The facts of the case are that a Seychellois surveillance aircraft was conducting patrols when it spotted the fishing vessel. The occupants of the aircraft observed the vessel, which was without a flag, actively fishing in Seychelles waters. The coast guard patrol boat was alerted, deployed and intercepted the fishing vessel. 

Counsel for the Republic of Seychelles has stated that the vessel is of a length overall not exceeding 24 metres. It stated that the offence conducted with such a vessel attracts a fine of not less than 2,500,000 Seychelles Rupees under section 58 of the Act. In his plea for mitigation, the accused claims that he is a first-time offender, that he is the sole breadwinner of his family and that he is deeply remorseful.

The accused has indicated that the owner of the vessel is willing to pay the fine to be imposed by the court and has pleaded with the court not to forfeit the vessel. 

The court noted the forfeiture discretion provided for in section 70(1) of the Act. It sentenced the accused to a fine of 400,000 Seychelles Rupees. It ordered that if the fine is not paid by the end of July 2020, the vessel is to be forfeited to the State in place of payment for the fine.