Three Convicted for Obstruction and Assault on Fishery Officers in Mayo

Press Release - Thursday, 26th February 2015

At a sitting of Ballina Circuit Court on Friday, 20th February, Judge Petria McDonnell convicted three people of obstruction and assault on Fishery Officers, arising from an incident which occurred in August 2012.

Inland Fisheries Ireland was successful in an appeal brought before the Circuit Court, which reversed the decision reached in the District Court, Ballina, Co Mayo, on 24th February 2014, when all charges brought against the defendants had been dismissed on technical grounds.

Before the court were: Mrs Margaret Hopkins, charged with obstruction; Mr Declan Hopkins Jr., charged with obstruction and assault; and Mr John Ferguson, also charged with obstruction and assault. All the defendants have addresses in Ballina, Co Mayo.

The charges resulted from an incident which occurred on the 28th August 2012, when Fishery Officers seized an illegal salmon gill net from a public laneway to the rear of St Muredach’s Terrace, Ballina. Evidence was given that upon attempting to leave the laneway, the officers were obstructed from doing so by Mrs Hopkins, who stood in front of the vehicle, banged her fists on the car, and demanded that the net be returned as it belonged to her. At that point the officers requested Garda assistance.

The court heard that Mrs Hopkins was quickly joined by Mr John Ferguson, who started shouting abusive language and behaving aggressively, and attempted to strike one of the officers with his fist. Evidence was given that Mr Declan Hopkins Jr. then arrived, and he also behaved in an aggressive manner, pushing one officer and attempting to punch another officer with his fist. It was also stated in court that Mr Ferguson, who had briefly left the scene of the incident, returned wielding a hammer, with which he threatened the officers.

Judge McDonnell heard evidence that Mr Ferguson swung the hammer at one officer, narrowly missing his head, and continued to wave the hammer around in a threatening manner. The court also heard that after a brief period the Gardaí arrived and directed the defendants to step aside and let the officers leave. The hammer and net were removed by the officers.

In her summing up, Circuit Court Judge McDonnell was in no doubt that the fishery officers were working within their powers and authority vested in them by the Fisheries Acts in seizing the net from the laneway. She was also satisfied that charges of obstruction and assault brought against the defendants had been proven.

The following penalties were imposed: John Ferguson was sentenced to 5 months in prison, suspended for 18 months on the charge of assault (charge of obstruction taken in to account) plus €1,000 expenses. He was also bound to the peace for 18 months, and had to enter a bond of €150. During that time he is not to approach any Fishery Officer in Mayo or Galway. He also has to engage with the probation service.

Declan Hopkins Jr. was fined €750 on the charge of assault (charge of obstruction taken into account) plus €1,500 expenses. Margaret Hopkins was fined €600 on the charge of obstruction plus €1,200 expenses.

Inland Fisheries Ireland (IFI) has a confidential hotline number to enable members of the general public to report incidents - 1890 34 74 24 or 1890 FISH 24. This phone line is designed to encourage the reporting of incidents of illegal fishing, water pollution and invasive species.

For more information, visit www.fisheriesireland.ie.

ENDS

Further Information: Suzanne Campion
Head of Business Development
Inland Fisheries Ireland
Anglesea Street,
Clonmel, Co. Tipperary.
Tel: 052 6180055 Fax: 052 6123971
Email: suzanne.campion@fisheriesireland.ie Website: www.fisheriesireland.ie

Note for Editors:

Inland Fisheries Ireland is a statutory body operating under the aegis of the Department of Communications, Energy and Natural Resources and was established under the Fisheries Act on 1st July 2010. Its principal function is the protection and conservation of the inland fisheries resource. IFI will promote, support, facilitate and advise the Minister on, the conservation, protection, management, development and improvement of inland fisheries, including sea angling and develop and advise the Minister on policy and national strategies relating to inland fisheries and sea angling.