- Case summary
-
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.
SUPREME COURT OF SEYCHELLES
Reportable/ Not Reportable / Redact
[2020] SCSC 409
CO 23/2020
In the matter between:
THE REPUBLIC
(rep. by Mr. Chinasamy)
and
RAMESH NILANGA & ORS Accused
(rep. by Mr. Clifford Andre)
Neutral Citation: Rep v Nilanga & ors (CO 23/2020) [2020] SCSC 409 (20th of March 2020)
Before: Burhan J
Heard:
Delivered: 20th March 2020
ORDER
BURHAN J
The rest of the Accused persons except for the 1st Accused, is to take immediate steps for them to be repatriated back to Sri Lanka.
For the 1st Accused, I have considered the submission made by both parties, I have considered the fact that this is a serious charge and the fact that he is a foreign national and the possibility of him absconding, there is no fixed place to stay in Seychelles and that he is unable to produce a surety and the seriousness of the charge, I proceed to remand the 1st Accused in custody. However considering the application of Learned Counsel, Mr. Andre that he be remanded in the vessel Sampath, as the Prosecution has no objection to it, I make Order that he be kept in remand in the vessel Sampath under the Prison Escort. The vessel to be detained.
Signed, dated and delivered at Ile du Port on 20th of March 2020.
____________
Burhan J
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