Jail request granted

Press, 5 August 1981, Page 4

Jail request granted

Nelson reporter Counsel for a man who had admitted charges relating to illegal fishing in acclimatised waters, yesterday asked that the penalty should be a sentence of imprison-' ment. Judge Headifen. in the District Court at Nelson, agreed to this submission and convicted Graham Ross Stuart, a labourer, on each of two charges and fined him $lOO on each, in default 50 days imprisonment. Stuart was charged with having a speargun in his possession on January 22 while in acclimatised waters and with obstructing a ranger.

The Judge was told by Miss C. Grice, for the Nelson Acclimatisation Society, that Stuart was seen by a ranger to have a speargun in the Maitai River. When Stuart A saw the ranger he endeavoured to hide the gun in long grass. When it was recovered. Stuart refused to allow the ranger to. confiscate it, thereby obstructing him. The defendant claimed he was fishing for eels in the river and was.only using the. spear part of the: speargun; for this purpose, said Stuart's counsel (Mr A. E. Webber). The ranger had inspected the gun but Stuart took it from him when he said he was going to confiscate it. :

Stuart was at present serving a prison sentence and would not be released for at least six months, said Mr Webber. He did not want to leave prison -and be faced with having to pay fines for these offences. He asked that his Honour impose a prison sentence, under the terms of Section 85 of the Summary Proceedings Act and this could be served concurrently with the present sentence. ; In imposing sentence, the Judge also allowed solicitor’s fees of $3O on one charge and $l5 on the second — but these, too. are subject to the terms of the prison sentence.