R v Thamel (CO16/2019) [2019] SCSC 195 (14 March 2019);

Headnote and Holding: 

Fishing without a foreign fishing vessel licence

Legislation considered: 

GOVINDEN J

1. Pursuant to Section 49(3) as read with Section 52 of the Fisheries Act, I order the detention of the fishing vessel “Nuwan Putha 14, IMULAN 0831 KLT” including its equipment, gears, furniture, appurtenance, stores, his log book record, documents and equipment and computer and any other electronic device found therein to be detained.

2. This detention shall be effected by the Seychelles Marine Police and the vessel shall be kept at the Ex-Coast Guard Base at Bois de Rose Avenue quay.

3. This vessel is not to leave port and nobody has to have access to it otherwise than the Seychelles Fishing Authorities personals and the Seychelles Police, except upon further orders of this Court.

4. I have been informed that the perishable items and fish found in the said vessel has been sold upon the Order of the Magistrates Court. I will order that proof of sale and receipt of the sale be placed on this Court record within 14 days of this Order.

5. In regards to the Accused person who is the master of the fishing vessel, Mr Koswatta Muhamdiramge Thomas Meril Thamel, given that he has no fixed place of abode in the Republic of Seychelles and that he posed a flight risk and that the offence is very serious I will remand him in custody for 14 days.

6. The matter will be mentioned on the 28th of March 2019 at 2.00 p.m

 

Signed, dated and delivered at Ile du Port 14 March 2019

 

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Govinden J