The Crown on June 11, 2020, had made a successful application for the some 7,000 pounds of fish on the vessel to be sold and the money secured until the outcome of the court case. Image not of fish found on vessel in question. Photo: Fibreglass Boats Online

According to Crown Counsel Annjel X. Flax, the fishing vessel 'Rebel Lady' was intercepted on June 8, 2020, around 11:00am when members of a Multi-Agency Joint Task Force were on patrol on VI waters. Photo: VINO/File

Mr Foy, who is a commercial fisherman, is charged with Illegal Entry, Operating an Unlicenced or Unregulated Fishing Vessel, and Arriving at a place other than at a Customs Port.

Late disclosure

Prosecutor at the DPP's office Annjel X. Flax said she was unable to provide the necessary documents to Mr Foy through his attorney Mr Paul R. Edwards of Hunte & Co, due to technical issues over the weekend, explaining that the file was too large to send electronically.

Disclosure was only made to the defence prior to the court appearance yesterday.

When the matter was first called on June 11, 2020, there were intermittent delays to the proceedings as defence attorney Mr Edwards 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 charge he was aware of was a violation of the Immigration Ordinance.

Mr Edwards had 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.

14-day quarantine

When the new court date of July 1, 2020, was given at the last appearance, Mr Edwards made a case for an earlier date, stating it was no fault of his that the matter could not proceed as it was due to late disclosure by the DPP. Additionally, Mr Edwards said his client was in custody since June 9, 2020.

Magistrate Benjamin said; however, that the court was unable to facilitate him as there was a backup of cases due to the recent lockdown.

The date, according to the magistrate, was to give Mr Edwards time to review all the documents in the disclosure, take the necessary instructions from his client and to advise him [Foy] accordingly.

The date would also facilitate Mr Foy's 14 days of mandatory quarantine, she said.

Bait to be sold

Mr Foy is expected to indicate his pleas for the offences when he returns to court.

Meanwhile, Magistrate Edwards, on the request of Mr Edwards, amended the court order for the bait on the fishing vessel seized by police to also be sold.

The Crown on June 11, 2020, had made a successful application for the some 7,000 pounds of fish on the vessel to be sold and the money secured until the outcome of the court case.

The magistrate had made it clear; however, that a forfeiture did not mean the money automatically goes to the Crown.

See related article below:

7,000lbs of fish on boat found illegally in VI waters forfeited to Crown