Bailiff smells something fishy in court

Saturday 21 January 2017

Jersey’s Bailiff has told two Frenchmen - being sentenced for breaking a host of fishing laws - that he found their financial details “difficult to accept on face value.”

Jonathan Burnel and David Sylla pleaded guilty to more than 50 offences including illegally fishing in local waters on more than 15 occasions between 19th April and 15th June 2015; refusing to obey the orders of a fisheries officer; lying about the name of the boat’s owner and his address; and switching off the boat’s tracker. They told the court they didn’t make much money, and would need a long time to pay off any fines they were given.

William Bailhache told the men if they re-submitted their financial details in an easy to understand manner, and vouched that what they said was true, he’d take them into consideration, but the men told him they wanted the matter dealt with the same day.

The fishermen said they’d earned between €15,000 and 16,500 in 2016, and between €29,000 and 37,000 in 2015. But the Bailiff found that difficult to square with conflicting information about their catches in 2015. They’d also sold their old boat, and had bought a new one that cost €450,000.

Because of the number of offences the men had committed, and to send out a stern warning to other Frenchmen who might be tempted to illegally fish in Jersey waters, the Bailiff said he had no alternative but to impose a heavy fine.

Burnel was ordered to pay £40,000 and Sylla £37,000, both men also have to pay £2,000 costs. They asked for five years to pay it off, but the Bailiff insisted they only be given three, and that they must pay at least £13,000 a year. If they default they’ll go to prison for a year.

Earlier in the hearing the Bailiff had asked the men’s defence team how they intended paying any possible fine if they had so little money.

The defence lawyer said he’d put the same question to his clients and had simply been given “a Gallic shrug."

Assistant Director Marine Resources Greg Morel said: “This complex investigation demonstrates how modern technology such as satellite monitoring and electronic reporting can be used to provide evidence and prevent illegal fishing to protect marine resources and the environment. The Court has sent a clear message that breaking fishing regulations and failing to use electronic systems correctly will be taken seriously.”