A BALLYCROY man accused of poaching salmon from a river near his home will discover his fate in the New Year after the Judge said she would consider the case before giving her decision.
Colm Conway of Lagduff, Ballycroy appeared before last week’s sitting of Achill District Court after he was accused of illegally using a net and taking salmon from three locations on the Owenduff river in Ballycroy. He denied the charge.
The court heard from Gerry Hoban, a fisheries officer with the North West Regional Fisheries Board who said he was patrolling the river with officer Tommy Ginnelly on June 5 last. At 1.30am, he saw a car pulling into Mr Conway’s home and saw two men going into the house and then walk towards the river carrying a bag.
He said they went to a pool called Stream Pool and hauled a net across the river and took a number of fish and put them in the bag. He said they then went to the Rock Pool, which was near where they were located, and they notified the other fishery officers in the area. He said they set a net at this pool and moved towards another pool called Barrett’s Pool.
After the two men made their way back towards Rock Pool, Mr Hoban said they shone a light on them and identified themselves as fishery officers. He said he recognised Colm Conway as one of the men as he knew him to see. He said he continued to walk away and never engaged with them.
Mr Hoban said he retrieved five salmon from a bag and found five salmon in the net at Rock Pool - one was dead and he released four. There were four further salmon in the net at Stream Pool and released one of them. He said he seized three nets and there were eight dead salmon. He added that the night was clear with good visibility.
Under questioning from Ms Samantha Geraghty, solicitor for Mr Conway, he said that he did not move from their location until they went to apprehend them and they had a night-light which allowed them to see the men.
Tommy Ginnelly told the court that the two men were in their vision the whole time and said he recognised Mr Conway as one of the men. He said there were five fish in the Barrett’s pool net but they were alive and he released them.
Ms Geraghty said she was seeking a direction from the court saying that there was no evidence saying which of the men put the fish in the bag and there was no evidence the capture of the fish was unlawful. She added that the legislation needed to show this incident took place in a fresh water pond and this was not given and claimed the prosecution had failed.
Mr Patrick Durcan solicitor for the prosecution said the evidence was the Mr Conway went from point A to B and was involved in the operation. He said he was captured and observed by officers and while he accepted there was no evidence to say the use of the net was illegal, he said this was the law and the court was aware of the law.
Judge Devins said that Ms Geraghty raised some interesting questions and said that a thorough study of the legislation was needed as there had been a number of pleas involving fishery cases and felt that the court may have come complacent on the issue. She adjourned the case until January 14, 2010 where she said she would give her decision.
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