Limerick man acquitted of breaching fishing regulations

A YOUNG fisherman was acquitted of attempting to catch salmon and obstructing fisheries officers, after a struggle ensued when officials took his rods. 

Conor Casey, 23, of Caherdavin Meadows, appeared before Judge Brian O’Shea at a recent sitting of Limerick District Court charged in relation to the alleged incident at around 10.15pm on June 9, 2019. 

Inland Fisheries Officer Marcus McMahon said that he and two other on-duty officers encountered Mr Casey around his white van at Quinnspool South, Clare. 

It was in an area off the stakes at the tailrace of the River Shannon where “no fishing is allowed”. He said no fishing—“good, bad or indifferent”—was allowed in the area. 

When Mr McMahon identified himself and asked “Have you any luck?” Mr Casey said that he was fishing for pike and trout. 

Officer David Jermaine, who has 36 years’ fishing experience, told the court that they had formed the opinion that Mr Casey was fishing for salmon, as he did not have a trace line which was required for pike fishing. 

“I have never met a pike fisherman who has never used a trace,” he told the judge. 

He issued an on-the-spot fine after which the accused “got very agitated and said that he wouldn’t pay the on-the-spot fine”. 

He said that he tried to get the fishing rods back off the officials during a confrontation. “I was afraid Officer Jermaine might get a wallop,” said Mr McMahon, after which he restrained Mr Casey’s “two wrists”.  He said he then cautioned the accused.

In cross-examination, defence barrister Aaron Desmond BL asked Mr McMahon if it was dark, to which he replied that it would not have been “fully dark” as it was the June equinox. 

He said that the accused was co-operative during the inspections. Mr Jermaine said that the rods were going to be taken for evidence if the fine had not been paid on time.  

“Conor Casey came over to me very aggressively,” he said, adding that the accused told him: “You are not getting my f&*king rods.”

Judge Brian O’Shea noted that the regulations were “incorrect” in the summons, and that the regulations were not produced by prosecutors.

He said that there “isn’t any expressed evidence that he was attempted to get salmon”.

The judge dismissed this charge. In cross-examination over the obstruction charge, Mr Casey said that he believed the officer was seizing his rods on the wrong basis.

Judge O’Shea said that the officer “doesn’t have such power” to take rods in lieu of a fine, and dismissed the second charge.