By J. Brock (SARTMA)
Australian press reports that five crew members from VIARSA1, which are accused of poaching Patagonian Toothfish, were granted bail after they appeared before a magistrate in Perth, Australia on Friday. Those charged were the Uruguayan Captain, three Spanish and one Chilean crew. This court appearance comes a week after VIARSA1 was escorted to Fremantle as a result of a 21-day chase in an ice-strewn Southern Ocean.
Perth Magistrate, Robert Burton, heard defence arguments for Uruguayan Captain Ricardo Mario Ribot Cabera, 58, who faces four charges and Spanish national Antonio Garcia Perez, 40, also facing four charges. The other three crew members, who face two charges are Spaniards, Jose Gonzalez Perez, 38 and Franscisco Fernandez Olivera, 44, and Chilean, Roberto Enrique Reyes Guerrio, also 44.
It was pointed out to the Magistrate by the prosecution that the Chilean, Roberto Guerrio was a crew member on the Togo-registered South Tomi, which had been apprehended after a two-week chase in May 2001 for the same offence.
The Court heard that VIARSA1, with its name and hull number painted out, was spotted by the Southern Supporter 137 nautical miles inside a 200 nautical mile Australian Fisheries Zone (AFZ) around Heard and McDonald Islands on August 7th.
Philip Laskaris, the defence council, argued for $50,000.00 bail each, saying that the accused were ordinary family men with meagre financial means and could not afford cash deposits.
Magistrate Burton set bail at $20,000.00 each, despite an argument from the prosecution that the Chilean crew member was aboard another ship caught poaching in Australian waters. He argued that bail should be set at $150,000.00.
There are provisions to the bail and they are that the men stay in the Perth area, report to fisheries officers twice a week, do not go within 100m of any international airport or go within 50 miles of the Fremantle wharf.
Other crew members have been turned over to Australian Customs officials for repatriation.
