Industry representatives slam SFPA prosecution as “state harassment”

Court reporting: Stephen Maguire / Donegal Daily

A Killybegs-based fish processing company has been cleared of fisheries charges following a three-day trial at Letterkenny Circuit Court, with Judge John Aylmer directing the jury to return a not guilty verdict due to lack of evidence.

Sean Ward (Fish Exports) Ltd, based at Roshine Road, Killybegs, had faced two separate charges brought by the Sea Fisheries Protection Authority following an inspection of their premises on 14th and 15th September 2015.

The company was charged with knowingly rendering a Scanvaegt SF4600 weighing scales inaccurate, and with failing to ensure the accuracy of the weighing operation of fish on the premises as a registered buyer, contrary to Article 60(4) of EC Regulation No. 1224/2009.

Ward Fish of Killybegs was founded in 1998 and in the past 27 years have built up a reputation as one of Europe’s leading pelagic processors & suppliers and now exports to customers worldwide, including China, Japan, Russia, Africa & Europe. The company specialises in the processing and exporting of Pelagic fish such as Horse Mackerel, Mackerel, Herring, Blue Whiting and Sprat.

The Inspection

The charges centred around equipment used to weigh a catch of herring that had landed in Killybegs Harbour and was being processed at Sean Ward Ltd on the morning of 14th September.

SFPA officers, including Lesley Mc Caffrey – McIntyre, Sean Ivory and Kareen Andersson, initially boarded the vessel and ‘dipped’ the tanks to estimate the total catch present onboard before discharging commenced.

Officers then proceeded to the Sean Ward Ltd factory to monitor the ‘flowscales’ used in the weighing operation. The weighing operation at the factory is covered by CCTV cameras which provided a live feed to the SFPA office at the pier in Killybegs.

During the operation, SFPA officers returned to the factory to have the cameras cleaned and detected an implement which they claimed was not a permitted part of the weighing apparatus. The weighing operation was stopped for the rest of the day and the scales were sealed pending further investigation the following day.

Testing Controversy

On 15th September 2015, the National Standards Authority of Ireland attended the site. Mr Brian Faughnan, an NSAI inspector, carried out a total of nine tests on the weighing equipment.

A quantity of herring was discharged into two bins which were then weighed and the weights recorded. The fish was then passed over the ‘flowscale’ and a comparative weight taken. However, Mr Faughnan said he was not satisfied with this initial “dummy” or “mock” test, as the flowscale weighed actually heavier than the reference scale.

Mr Faughnan then adjusted his testing methodology to use just one bin of fish. The NSAI officer then carried out a further six tests and all showed a return within the 2% tolerance allowable for this type of machine.

A further two tests, referred to as tests 8 and 9, did show the flowscale weighed outside of the permitted tolerance levels. However, this only happened after SFPA officer Sean Ivory used an implement, either a spanner or his own hand, to exert physical force on the scale.

Judge Directs Acquittal

On the third day of the trial, defence barrister Darren Lehane, SC, made an application seeking a direction in the case.

Judge John Aylmer noted that he had “anticipated” such an application, adding that there was simply no evidence on which a jury could convict the accused on either count before the court.

He directed the jury to find the accused company not guilty.

The state was represented by barrister Ms Fiona Crawford, BL, instructed by Donegal state solicitor Mr Kieran Dillon, while Sean Ward (Fish Exports) Ltd was represented by barristers Darren Lehane, SC, and Joanne Williams, BL, instructed by solicitor Diarmuid Barry.

Company Statement

Speaking after the trial, a spokesperson for Sean Ward (Fish Exports) Ltd said they now felt vindicated after what they described as “ten years of sheer hassle, legal stress and nightmares.”

The spokesperson said: “We are glad that our names are fully cleared by the courts and a jury of our peers and we feel vindicated that the company’s name is finally cleared after such a prolonged period. We were able to text our workers to say we have a future and we can put this all behind us. This potentially could have destroyed us totally because sustainability is key when you are marketing fish nowadays.

“As a company, we pride ourselves on compliance, we have invested over €700,000 in measures to support sustainable fisheries in the past number of years. Fish processing at present is a struggle from day to day, and our only ambition is to continue to provide much needed employment in South West Donegal.”

Industry Response

Brendan Byrne, CEO of the Irish Fish Processors and Exporters Association (IFPEA), said Ireland operates the highest standards of fish processing with the greatest accuracy of weighing fish within all of the EU.

He said the Government needs to address what he called the “flawed legislation” which gave legal effect to the SFPA, and that the Sea Fisheries and Maritime Jurisdiction Act 2006, along with the Fisheries Penalty Points System, need to be overhauled without delay.

He added: “The case, which collapsed on the SFPA, is a sign of an agency that is out of touch and out of control, what we witness once again is bordering on state harassment of an industry by a competent authority that is not subject to any oversight.

“The Irish fishing industry is the most heavily regulated and controlled sector of the economy and we are immensely proud of our compliance with rules, regulations and procedures.

“This case, along with a number of recent cases which were also thrown out under judicial direction due to lack of evidence, need to be addressed by Government.

“2026 will be the most challenging year for the Irish fishing industries. We still employ over 17,000 people in our coastal and peripheral areas. What we are experiencing from these charges and cases recently against our industry is nothing short of a national scandal.”

The decision to take the court case has led to anger from fisheries representatives who claim such prosecutions are now “bordering on harassment” against Irish fishermen merely trying to make a living.