Fisherman’s Co-op charged with a series of breaches of fisheries regulations

A Donegal-based fishing co-operative is to stand trial on 29 charges relating to alleged breaches of fisheries regulations over a near three-year period, a court has heard.

The case of Malin Head Fisherman’s Co-operative Society Ltd came before Carndonagh District Court, where the Book of Evidence was served on a nominated representative of the company.

The company faces 29 separate counts of failing to comply with Article 63 of a 2009 Council Regulation by allegedly not submitting sales notes within 24 hours of the first sale of fisheries products on multiple dates.

The alleged offences, contrary to Regulation 6 of the Sea-Fisheries Regulations 2016 and Section 14 of the Sea-Fisheries and Maritime Jurisdiction Act 2006, relate to fish landings between January 2021 and November 2023.

Garda Tara McGrory gave evidence that she had served the Book of Evidence on a representative of the co-operative at Buncrana Courthouse, where Carn Court continues to be held.

Solicitor Philip White, representing the co-operative, told the court that the case presented an unusual situation. He said there were certain matters he was not in a position to open in court at this stage, as they could be regarded as sub judice or subject to criminal sanction with regard to persons not currently before the court.

State Solicitor Kieran Dillon told the court that there are 29 charges in total and he confirmed that the Board of Directors of the co-operative had nominated a representative to accept service on behalf of the company.

Mr Dillon said the Director of Public Prosecutions has consented to the accused company being sent forward for trial on all 29 counts. The matter is due to proceed at the next sitting of Letterkenny Circuit Court, commencing on May 5.

Judge Emile Daly noted that the Book of Evidence had been properly served and made an order returning the company for trial by judge and jury. A Section 56 order was also granted, directing that relevant Garda interview material be disclosed as part of the case preparation.

The court was told that bail considerations did not arise, given that the accused is a corporate entity rather than an individual.

Mr White said the co-operative now finds itself in an “impecunious” financial position, which he attributed to the actions of individuals who are no longer employed by the organisation.

On that basis, he applied for Legal Aid, submitting that the company does not have the financial means to fund its own defence. Judge Daly granted Legal Aid for one counsel for the upcoming Circuit Court proceedings.

The court also heard there is consent for a signed plea of guilty to be entered at the Circuit Court.

The case will now proceed to the next sitting of Letterkenny Circuit Court, where the 29 charges will be dealt with.