Fish case is dismissed after claim of set-up

A JUDGE yesterday dismissed charges of poaching against a member of the Southern Regional Fisheries Board after the man claimed he had been "set up" because of an investigation into allegations of corruption in the board.

Waterford District Court was told yesterday by Mr James Doherty, a fisherman, of The Quay, Cheekpoint, Co Waterford that before his first court appearance a message was put out on local radio for him to have "a nice holiday".

Mr Doherty denied two charges of possessing salmon in the closed season and fishing for salmon during the closed season in Waterford harbour on August 30th, 1995.

Sgt Tom O'Grady told the court that as a result of confidential information he and other gardai went to Checkpoint as they arrived there they saw the defendant coming in from fishing.

As he walked towards his home carrying a fish box covered by two coats, gardai stopped him. Under the coats, Sgt O'Grady said, he found bags containing five salmon.

Under cross examination by Mr Derry O'Carroll, solicitor for the defendant, the sergeant acknowledged this case arose as part of a wider investigation. But he denied the defendant's suggestion that he had been set up. He also denied he had been told by Mr Doherty the fish were found dead in the weir.

Sgt Tom Molloy said he was the garda who received the confidential information. He refused to identify the source of the information, claiming privilege.

Dr Niall O Maoileidigh, an assistant inspector of fisheries with the Marine Institute, said he found fish lice on the salmon these would normally have dropped off the fish after about four days in fresh water.

Dr O Maoileidigh accepted that there had been a fish kill 30 miles up river but said it was very unlikely these salmon were involved.

Mr Doherty said he had fished the weir for 50 years and to find five dead salmon there was very unusual.

The defendant said he believed someone had tried to set him up because of an inquiry going on into the affairs of the Southern Regional Fisheries Board of which he had been a member for the last 26 years.

"There is a conspiracy against me. People are trying to link me to the investigation but I have no hand, act or part in it," he told the court.

Mr Doherty also said that since he was fishing alone no one could have known what he had taken from the weir and to alert gardai unless he had been under surveillance.

Judge William Harnett said he had to have a doubt in the case. "There is a suggestion that there is a real possibility someone was trying to set up Mr Doherty", he said. He added that because of his doubt, he would have to dismiss the charges.