Lawyer fumes over seized boat
high and dry by seizing his boat.
Ministry of Environment officials snatched the vessel after Mr. Minks was fined $7,000 for illegal lobster fishing.
But now senator and lawyer Larry Scott has lodged a writ demanding that Government colleague, Environment Minister Irving Pearman, hands the boat over -- or face Supreme Court action.
Mr. Scott said: "They even seized Mr. Minks' car -- he got that back, but they've still got the boat. And we want it back, too.'' Mr. Minks was originally fined more than $15,000 when he appeared before Magistrate Edward King last month.
He pleaded guilty to four charges -- using fixed fishing gear and taking lobsters without licences, being in posession of lobsters onshore and taking undersized specimens.
He landed the whopper fine after being Mr. King followed the line that second offences within six months merited double fines all round.
But Mr. Scott pointed out that Mr. Minks, convicted in October of similar offences, had only netted one previous conviction -- meaning the fine should halved.
Mr. Scott said: "What the Fisheries Department has done is said `we're going to take your boat and keep it under the law' -- but they can't do that.'' He explained the boat could be seized as guarantee of payment of fines -- but he said that Mr. Minks had paid the fine in full earlier this month.
Mr. Scott added: "I believe the Minister's Civil Servants have acted outside the law -- they have interpreted it in such a way that it's clearly unfair.
"The law says the Minister can seize any vessel and hold it until any necessary fines are paid or whatever conditions imposed are complied with.
"It's a very stringent provision because it's designed to get the boat owner's attention -- most people will pay the fine or whatever.
"But then they should give the vessel back. Obviously, the Minister doesn't want to be collecting boats. They seized the car and they gave that back.'' Mr. Scott added: "I don't know how much the boat is worth -- but it's a lot more than $7,000.'' He said: "The law is not intended to do this -- in order to get the boat back, we're asking the Minister to turn it over immediately or we'll take him to court.'' Mr. Scott added: "I don't want my client to go fishing from it again, but they shouldn't be keeping the boat.
"He can use it for pleasure or sell it, but the Ministry certainly can't keep it.
"The Ministry is acting in a very draconian fashion and we'll have to let the court determine it if they don't hand it over.'' But Mr. Scott admitted that was unlikely because the writ freezes the situation as it stands until the courts decide the case.
He said: "Everything is on hold until it's decided in court.''