7,000lbs of fish on boat found illegally in VI waters forfeited to Crown
Michael Foy, a commercial fisherman, has been charged with Illegal Entry; Operating an Unlicenced or Unregulated Fishing Vessel, and Arriving at a place other than at a Customs Port.
He was remanded to prison following his first appearance at the Magistrate Court on Thursday, June 11, 2020.
There were intermittent delays to the proceedings as the lawyer for Mr Foy, Mr Paul R. Edwards of Hunte & Co, said he was not aware of some of the complaints the court had against his client and he was not prepared to address them. He said the only complaint he was aware of was a violation of the Immigration Ordinance.
Mr Edwards also said he was “disappointed” that he was unable to reach the prosecuting Crown Counsel prior to the case being called and was now placed in an embarrassing position.
“I am a bit shocked that there were additional steps taken in the matter and up to this point no notice of that was given,” Mr Edwards said.
Magistrate Christilyn Benjamin said the additional complaints were filed on the day of the proceedings by the DPP. She; however, allowed that the complaints only be read to the accused.
Allegations
According to Crown Counsel Annjel X. Flax, the boat was intercepted on June 8, 2020, around 11:00 am, when members of a Multi-Agency Joint Task Force were on patrol on VI waters.
The boat, ‘Rebel Lady’, with 5 persons on board and approximately 7000 pounds of fish, was found in the vicinity of Norman Island and Peter Island.
The names of the Indonesian crew were given as Setrisha, Suwama, Iman Malachai, and Ridho Pratams.
According to the Crown, Mr Foy reportedly told police he was aware he was in the Virgin Islands' waters when the borders were closed but said he was promised clearance by a shipping representative who would deliver a 'Clearance Form' via a small craft.
The captain also indicated to police that his agent had contacted the Acting Chief Immigration Officer to enter the Virgin Islands but was denied. He was; however, told by the shipping company they would get the Customs clearance for him.
Police confirmed the accused was denied entry in the Virgin Islands.
Mr Foy also reportedly told law enforcement officers he had caught the fish in Puerto Rico waters.
He said the vessel had then sailed to St Croix, Anguilla, St Martin and then the Virgin Islands.
Fish Forfeiture
Meanwhile, the Crown made a successful application for the fish to be sold and the money secured until the outcome of the court case.
Again, Mr Edwards complained he was not aware of the Crown’s intention to make an application for the fish to be forfeited and suggested the application be made at another time.
Magistrate Benjamin; however, said she would allow the application since the fish was perishable and the court would not meet until Monday, June 15, 2020, the earliest.
Mr Edwards was; however, given half an hour to get himself prepared to address the application by the Crown.
According to the Crown, it was not in a position to give an estimated value of the fish but said fish usually sells for $7 to $10 per pound.
Mr Edwards had objected to the application, saying the Crown had no legal basis to apply for forfeiture under the Fisheries Act but needed to do so under the Customs Act.
The magistrate; however, upheld the application and made it clear that a forfeiture did not mean that the money automatically goes to the Crown.
Mr Foy is to return to court today, Monday, June 15, 2020, at 2:00 pm on the matter of the charges laid against him.
During the last proceedings, there was no mention of any charges against the Indonesian crew members.
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32 Responses to “7,000lbs of fish on boat found illegally in VI waters forfeited to Crown”
I hope he can name or identify that person so that he or she is investigated.
It’s a conniving tactic that does not balance the scales.