Four people accused of fishing without a licence had that charge against them withdrawn last week.
Crown Counsel Candia James told the court the Legal Department would not be proceeding against Stephen Andrew Copeland, 55; Andrea Morgan, 30; Doreen Smith, 49; and Robert Simpson, 40. They were charged with taking marine life without a licence and having in their possession fish less than eight inches in length taken from Cayman waters.
The alleged offences occurred on 10 March and three defendants first appeared in Summary Court last month.
A 2007 amendment to the Marine Conservation Law requires non-Caymanians fishing from shore to have a licence.
Chief Magistrate Margaret Ramsay-Hale expressed concern as to whether a law that is applicable to one section of the population is discriminatory and in potential breach of Cayman’s new Constitution, which came into effect last year and includes a Bill of Rights that will come into effect in 2012.
She asked the Crown Counsel in court that day to take her concern back to the Legal Department, saying she had no settled view on the matter.
Last week, Senior Crown Counsel Tanya Lobban said she had reviewed the file and determined what course to take.
“It’s not a matter of law; it’s a matter of discretion that the Crown chose to discontinue proceedings,” she said.
Ms Lobban noted there are rights that do exist but are not yet in force. That will happen in 2012, she indicated, referring to the Bill of Rights.
“A lot of laws will have to be revised because they will be offending the new Constitution,” she commented.
With the licence charge withdrawn, defendants Simpson and Smith pleaded guilty to having in their possession fish less than eight inches in length. Each was fined $50. Both charges against Mr. Copeland were dismissed and Ms Morgan’s file was marked “Proceedings stayed – left jurisdiction”.
The magistrate thanked Ms James for withdrawing the licensing charges.
She told the defendants that the marine laws are for the protection and preservation of marine life for the benefit of future generations. The court takes those laws seriously and if they re-offend they would be facing much stiffer penalties, she warned.
The section under which the defendants were charged says: Whoever resides in the Islands and who does not possess Caymanian status or who has a permit to work in the Islands and who, while he is on shore or while he is in any part of Cayman waters in which he can stand (with or without assistance), takes or attempts to take by any means any marine life, is guilty of an offence unless licensed by the Marine Conservation Board.
The licence fee set out in the law is $400 annually or $150 monthly.
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