Decision Reserved On Crayfish Theft Charges

Press, Volume CII, Issue 30093, 29 March 1963, Page 13

Decision Reserved On Crayfish Theft Charges

(New Zealand Press Association)

TNVERCABGTLL. March 28

Decision was reserved by Mr J. K Patterson. SM, in the Magistrate's Court at Invercargill today on charges against nine fishermen of steeling crayfish tails valued at about £1292

Eight men pleaded not guilty through Mr C. N. B. French. They were Russell Witham Fisher; Arthur Augurtine Fisher, aged 38; Milford William WaftM, aged 32; Chertands Edwards, aged 33; Robert Bailey, aged 33; Eric Lindsay Mackay, aged 34: Carl Johan Wert, Med 24; and Anthony Henry Williamson, aged 18. Mr P. J. Toomey represented WiHtan ■Diomas McQuarrie. aged 43, who also pleaded not guilty. Detective-Sergeant E. R.

Tyson, in evidence, said be interviewed Russell WUMam F taer on November 8 and told him he wae making inquiries about the alleged arte of crayfish tails flrom the Te Moana. owned by the Pegasus Fishing Company, Ltd. ’The accused told him he helped transfer some bags of tails firom the Te Moens to the Southern Ocean (owned by the Boyd Firtiing Company). He then said: “I may re well tail you I got a share out of the second lot. I got 88 quid ” In Ms eribmteeinnw. Detec-trve-Bergeaot Tyson said the companies had a complete property inttract in the crayfish caught on their vessels It not completely. they had a limited ptupeity intarart If the total earth was Mt landed, the companies were losing their lift hri and the profit on fee sale of the fish. By dtaprting of the crayfish at sea, the accused were stealing flrom the boat-

owners, who had an interest in toe fish. It would be ridiculous to suggest that toe companies would supply boats flor flsbscmen to fish for someone eta.

Mr French aaid tort if toe mevchante sent out fishermen with boats without any written agreement—”an extraordinary state of affairs”—it wae not over to the merchant to try to include vague terms of contract best suited to toem. The crux of toe matter was to prove toe property interart The charges were on toe baric tort the whole property belonged to toe merohant.

"In toe Fsaber cnees, there la no evidence of theft. AU toe evidence shows it was quite in order flor fishermen torall fish,” Mr French said. ‘The prosecutton can only raoceed if it stows toe merchants have a property interest in toe flah toe moment they are court*.” Mr Wench said toe merchant said in evidence toe flah belonged to toem, but in tat ft belonged to the fishermen until ft wee arid on the wharf.