Salmon poacher’s car seized as he hid in forest

Salmon poacher’s car seized as he hid in forest

A SALMON poacher who hid from fishery officers in forestry near Bangor Erris confessed his guilt after his car was seized and he was forced to claim it.
Gerry Bourke of Aughoose, Pollathomas was convicted of poaching salmon from the Owenmore River with an illegal net along with Brendan Murphy also of Aughoose, Pollathomas.
The two men were observed by fishery officers taking the net and fish from the river at Townaghmore, Bangor Erris on August 4, 2013. Mr Murphy was caught ‘red handed’ by officers with the net and three salmon and four sea trout as he left the scene and pleaded guilty to the offences.
Mr Bourke, who contested the charges, was seen entering a nearby forest with his young son, who was not charged, by officers as they could not identify him. The fishery officers claimed Mr Murphy told them their names but they refused to leave the forest.
A Ford Mondeo parked in a nearby disused quarry was identified as Mr Bourke’s and was seized by the officers and brought to their office in Bangor Erris.
Inspector Michael Hughes of the Inland Fisheries told Belmullet District Court that on August 6 he arranged to meet Mr Bourke in their office in Bangor Erris. When asked to explain what he car was doing in the quarry, Insp Hughes said he made no reply ‘for a minute’ before saying ‘you know what it was doing there’.

Same question
When he asked the same question again, Insp Hughes said there was another long pause before he gave the same answer. Insp Hughes said Bourke eventually admitted he was poaching in the river with Mr Murphy and his son and asked to keep it out of court. Insp Hughes said he could not promise him but stated that Inland Fishery’s had a policy of not prosecuting juveniles. He later signed a document stating the car was his in order to retrieve it.
Under cross examination from Mr Brian Storan, solicitor for Mr Bourke, Insp Hughes said he cautioned him before questioning but did not write down or record what was said until the following day.
Mr Storan sought a dismissal on the grounds that the conversation between Mr Bourke and Insp Hughes was not recorded after he gave him the caution. Mr Storan argued that the Judge’s rules stated that if an admission was made it must be taken down in writing and signed by the accused and this admission must be questioned. He added that none of the fishery officers were able to identify Mr Bourke on the night.
Mr James Ward, solicitor for Inland Fishery’s Ireland, said Insp Hughes’ evidence was given in an ‘evenhanded way’. Judge Patrick Clyne accepted Mr Bourke had a case to answer and found that the prosecution’s case was proven and convicted the accused.
The court heard that neither men had previous convictions and Judge Clyne fined Mr Murphy a total of €200 and ordered him to pay expenses and legal fees totalling €2,963.33. Mr Bourke was fined a total of €800 and ordered to pay the same sum in expenses and legal fees.