THE State yesterday challenged in the High Court the refusal of a district judge to entertain charges against the skipper of a British registered Spanish trawler.
District Judge Brendan Wallace had fixed the time and place for the court hearing. But when he sat he said he was not satisfied the skipper had been brought to court "as soon as may be", as laid down in fishing legislation. He refused to hear the charges.
Mr Justice Geoghegan reserved judgment in the High Court yesterday.
Mr Diarmaid McGuinness, counsel for the Attorney General, said the case involved the fishing boat Marineda, registered in Britain and skippered by Mr David Andrew with an address at Vigo, Spain.
Mr McGuinness said the boat was arrested at 4 p.m. on Friday, September 16th, 1994, and brought to Castletownbere, Co Cork. The charges related to under recording of catches. The court hearing was at 3.20 p.m. on Sunday, September 18th.
Difficulty arose on the Saturday when it was discovered that district court judges were attending a statutory meeting in Athlone, Mr McGuinness continued.
He said the State's case was that the hearing took place as soon as practicable. In the criminal context this required that an arrested person be brought before the next sitting of a district court.
There was no substantial difference in principle between the phrases "as soon as may be" and "as soon as practicable".
The master of the Marineda had been brought before the next immediate sitting of the district court, which was specially fixed.
In reply to Mr Justice Geoghegan, Mr McGuinness said the fishing boat had left Ireland. If the district judge's decision was overturned, there would be valid charges against the skipper and his boat.
It might be possible to seek a warrant which could be served if they came within the jurisdiction again.
Mr Malachy Boohig, the State Solicitor for west Cork, in an affidavit said that following the vessel's detention it was handed over to a Garda sergeant at 7.20 a.m. on the Saturday.
The district judge had decided that a lapse of 32 hours from the handing over was not "as soon as may be." He had stated that it was up to the officers of the State to ensure a judge was available to deal with important matters when they arose.
Mr Frank Callanan, counsel for Mr Andrew, said the district judge had been constrained, by his own role in fixing the time for the hearing, to refuse the application. The judge had behaved impeccably and properly in sitting, assessing and deciding that he could not entertain the application.
Mr Rory Conway, solicitor, in an affidavit on behalf of Mr Andrew, said the period for which the vessel, catch and gear had already been detained was a serious matter for his client. Fishing was his sole means of livelihood. He had suffered loss of wages and revenue, and the fish would have deteriorated.
District Judge Wallace dealt with the vast majority of these cases in Ireland each year and was highly experienced.