Crown Office and Procurator Fiscal Service

CROWN OFFICE

News Release

For Publication

26 AUGUST 2010

SHETLAND FISHERMEN PLEAD GUILTY TO OVERFISHING £15MILLION OF FISH

At the High Court in Glasgow today six fishermen pled guilty to offences of making false declarations regarding £15 million of fish that they landed.

The offences, in contravention of sea fishing legislation relate to a number of illegal landings of herring and mackerel at Lerwick between 2002 and 2005, in respect of which the vessel skippers falsely declared the quantity of fish they landed as a means of evading the annual fishing quota allowed to each vessel.

The six accused, all vessel skippers, and the amounts for their undeclared catches are:

. Robert John Polson (DOB 01/05/1963) - 46 landings, £3,682,000

. David Kay Hutchison (DOB 11/10/1945) - 49 landings, £3,698,433

. Thomas Sutherland Eunson (DOB 12/041955) - 18 landings, £1,457,243

. Allen Magnus Anderson (DOB 30/07/1956) - 4 landings, £442,168

. John Arthur Irvine (DOB 04/10/1943) - 56, landings, £3,658,981

. Allister Irvine (DOB 25/11/1948) - 25 landings, £1,828,981

The landings were made at the premises of Shetland Catch Ltd, Gremista, Lerwick. Shetland Catch Ltd also pled guilty to assisting the skippers in making these undeclared landings.

Speaking after the hearing, Scott Pattison, the Director of Operations at the Crown Office, said:

"This prosecution is part of an extensive and complex investigation undertaken jointly by Grampian Police and Northern Constabulary under the direction of the National Casework Division of the Crown Office and Procurator Fiscal Service with assistance from Marine Scotland.

"The investigation is continuing into other landings but the successful prosecution of these accused is a clear example of successful working between the law enforcement agencies involved. This is not a victimless crime. The consequences of overfishing on this scale are far reaching and the impact on fish stocks and the marine environment is potentially devastating.

"The legislation is to protect the marine environment for the good of all and to safeguard the fishing industry. We will continue working with police and other agencies to prosecute those individuals or organisations who disregard it for their personal gain."

Detective Superintendent Gordon Gibson of Grampian Police, who led this investigation, said:

"This has been an extremely complex and lengthy investigation by Grampian Police and Northern Constabulary. It has required many many months of meticulously detailed work by my Officers. As can be seen from the pleas tendered today, this was criminality at an extremely high level.

"It has been a clear example of extended and extremely effective partnership working between two Police Forces, the Crown Office and Procurator Fiscal Service and Marine Scotland. The pleas tendered today reflect most favourably on the dedication of all the staff involved."

Cephas Ralph, Head of Compliance at Marine Scotland said:

"In reaching a significant milestone today in this enquiry which began in 2005, I would like to acknowledge the dedication and commitment shown by my investigating officers who have worked tirelessly to bring these serious matters before the courts. I am also, extremely grateful for the long-running assistance of Police colleagues and the guidance given by the Crown Office and Procurator Fiscal Service."

Ends

Notes for Editors

1. The offences committed are in contravention of Article 3(2) of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000

2. Article 8.1 of Council Regulation (EC) No 2847/93 - which requires the master of a vessel to submit a declaration of the quantity of each species of fish landed within 48 hours of landing. The enforcing authorities rely on the making of such declarations to monitor each vessel's landings against its quota.

3. Article 3(2) makes it an offence, in relation to the making of such a declaration, to knowingly or recklessly provide information which is false in a material particular. In the case of all of the landings which are the subject of this investigation there was a false declaration of the quantity of fish landed. This was the principal method of deception used by the skipper accused throughout the relevant period.

4. The penalty for a contravention of Article 3(2) of the above mentioned order on indictment is an unlimited fine.

5. The Crown today commenced confiscation proceedings under the Proceeds of Crime (Scotland) Act 1995 and the Proceeds of Crime Act 2002 against all individuals who appeared. The Crown lodged prosecutor's statements in accordance with the Proceeds of Crime Acts, seeking to recover the benefit made by the accused from the above offences. These proceedings will take several months to conclude and any amounts to be confiscated will require to be judicially determined.

6. Editors should note that proceedings remain "active" for the purposes of the Contempt of Court Act 1981 in respect of other individuals involved in this investigation who did not appear today at Court and as such Editors are asked to continue to act responsibly in reporting further aspects of the case. In particular Editors should be aware that a Contempt of Court order was issued today by the Court, in terms of Section 4(2) of the Contempt of Court Act 1981. A copy of this order is available from the Supreme Courts Department, of the Scottish Court Service.

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