Fined For Obstruction Of Fisheries Officer

Press, Volume C, Issue 29604, 29 August 1961, Page 16

Fined For Obstruction Of Fisheries Officer

(New Zealand Press Association)

INVERCARGILL, August 28. For obstructing a fisheries inspector in the execution of his duty and possessing undersized crayfish tails, the skipper of the Marion Bay. James William Milnes, was fined £3O by Mr J. K. Patterson, S.M., in a written reserved decision released in the Invercargill Magistrate’s Court today. Milnes had admitted possessing the undersized tails, but denied obstructing the officer, Standish Brookes, of Dunedin. A third charge against Milnes of taking undersized crayfish was dismissed. The two charges against the two crew members, William Graham Dempsey and Francis John Hill, which they denied, were dismissed also The two men had denied the taking and possessing charges.

All of the charges arose out of a visit to Milford Sound on February 2 of two fisheries inspectors. The charges were heard before Mr Patterson on August 10 when he reserved his decision.' Mr G. M. Noble appeared for the Inspector of Fisheries and Mr R. Hall, of Dunedin, for the three men. The two fisheries inspectors, Brookes and Raymond Colin Walter Zander, of Invercargill, set out in the Tourist Department’s boat, Mitre Peak, to inspect fishing vessels anchored in the sound, said the decision. As they made their way towards the boats the Marion Bay and another vessel left their anchorage and proceeded down the sound. Both vessels were stopped and boarded, although it was not until the Marion Bay

had gone three miles from her original anchorage. Brookes boarded the Marion Bay, produced his warrant and asked Milnes to open the freezer. Milnes refused to open the freezer although Brookes asked him to do so several times. Brookes then ordered Milnes to take the Marion Bay back to the anchorage at Milford Sound. Zander boarded the vessel and tried to persuade Milnes to open his freezer. Milnes still refused, the decision said. After discussions with the skippers of two other fishing vessels anchored alongside, Milnes told the fisheries inspectors that he would not return to Milford Sound but would go to Harrison’s Cove, seven miles down the sound. Brookes remained on board the Marion Bay when it went to the cove. He soent the night aboard the Jason Ann. one of two boats anchored alongside. During the night Milnes made various remarks which Brookes took as serious. "You look silly enough on board the boat tonight. How would you look floating head down without a boat?” Milnes was reported as saying. When a police party arrived with Zander at 7 a.m. the next day, Milnes opened his freezer. Only four of the 476 tails found in three sacks were of the legal size. The Magistrate’s decision added that although Milnes admitted knowing the tails were under the regulation size, the two crew members had said they were not aware the tails were in the freezer. Mr Patterson did not consider the evidence on the taking charge to be strong enough to establish the charges He dismissed the taking charges against all Milnes was fined £l5 for possessing undersized tails and £l5 for obstructing the inspector, with Court cost*'to be fixed. 1