News / Black fish skippers fight seizure bid
SEVENTEEN pelagic fishermen who admitted their involvement in a £37 million pound black fish scam to cheat European Union fishing quota restrictions are fighting a bid by prosecutors to seize their cash.
The men, mostly from Shetland, have already pled guilty to making false declarations to the Scottish Fisheries Protection Agency and landing imore than their agreed quota of mackerel and herring.
Fish processing company Shetland Catch Ltd, in Lerwick, where they landed their fish, has also admitted helping the men make the undeclared landings.
Now the Crown wants to seize assets from both the company and the fishermen claiming that they benefited from the false declarations.
The prosecution has produced no figures for what they say is owed, but it is thought to total millions of pounds.
David Hutchison (65), Robert Polson (48), Thomas Eunson (56), Allen Anderson (54), John Irvine (67), Alistair Irvine (62), Victor Buschini (49), Hamish Slater (52), Laurence Irvine (65), Gary Williamson (51), William Williamson (64), George Henry (59), John Stewart (56), Colin Leask (38), George Anderson (55), Alexander Masson (65), Alexander Wiseman (59) and Shetland Catch Limited are all contesting the action.
During a hearing in the High Court in Glasgow before judge Lord Turnbull this week, advocate depute Barry Divers said: “This was a premeditated, sophisticated attempt to get round the EU fishing regulations and its aim was to make money.”
Defence counsel have argued that the fishermen and the company have already been penalised because the boats’ quotas were reduced after the scam came to light.
David Burns QC, representing Shetland Catch, told the court: “Under the reduced quotas imposed the company lost money in the first two years. Shetland Catch’s benefit – whatever that was – has been removed.
“It is double jeopardy to have pay back and confiscation.”
It was also argued by Mr Burns that the government knew that there was a certain amount of black fishing going on.
Counsel for the trawlermen also said that since each boat was run as a private company with shareholders, no assessment could be made of any benefit to them as individuals.
Mr Divers said: “The Crown is not seeking to pierce the corporate veil. The Crown position is that these individuals were able to receive substantial sums from black fish and that in turn has increased their value to the company.”
He told Lord Turnbull that forensic accountants have said they would be able to quantify each individual’s benefit from the scam.
The case was continued until next month when Lord Turnbull is expected to issue his judgement.
Lord Turnbull, referring to the fact the Proceeds of Crime Act is usually used to seize the assets of drug dealers and gangsters, said: “I’m dealing with a group of individuals and a company who are very different from almost all individuals who find themselves involved in confiscation orders.”
All the accused face an unlimited fine, but this cannot be imposed until after the matter of confiscation is dealt with.
Become a member of Shetland News
Shetland News is asking its many readers to consider paying for membership to get additional features and services: -
- Remove non-local ads;
- Bookmark posts to read later;
- Exclusive curated weekly newsletter;
- Hide membership messages;
- Comments open for discussion.
If you appreciate what we do and feel strongly about impartial local journalism, then please become a member of Shetland News by either making a single payment, or setting up a monthly, quarterly or yearly subscription.
Already a member? Sign in to hide this message.
