Chinese skippers appear in court

China may say their three arrested fishing vessels are innocent of plundering South Africa of fish, but the SA Hawks yesterday put the three Chinese skippers before a magistrate and came within a hair’s breadth of charging them with being caught in the act.

East London district magistrate Robyn Tyler, who carefully explained the charges to each skipper using a Mandarin translator, told the accused that investigators “still need to analyse the fish on the boats”.

The Hawks were handed the case yesterday by at least five different government departments, including customs, SARS and Home Affairs.

The Daily Dispatch understands that all the evidence gathered by the state departments is to be collated and compiled into a single docket.

Dianxin Jiang, 57, skipper of hi-tech Chinese fishing vessel Fu Yuan Yu 7880, Baohua Qi, 40, skipper of sister ship Fu Yuang Yu 7881 and Jianbo Yu, 46, skipper of the Indonesian Run Da 617 which flies China’s flag, did not plead.

They were represented by attorney Peter Allam.

Tyler released them on condition they did not leave their vessels without the approval of the Hawks.

The skippers looked meek and bewildered when they appeared in the dock. Up till then they had been held at the fisheries compliance department at the port.

They were chaperoned to court by the Hawks as investigative TV crew Carte Blanche shot them on video.

The skippers were driven to Fleet Street police station and finger printed. They entered the court through a back gate, coming up to the dock from the holding cells below.

In court they had no objection to a state TV crew filming the hearing.

The hearing started after a 10-minute session in Tyler’s office, attended by both defence and prosecuting attorneys.

The chairwoman of the local Chinese association, Lequin Zhu, who was in the gallery, said the local Chinese community would provide interpretation, communication and compassion.

The charge sheet presented by prosecutor Lerato Phakisi Nqinileyo accused the skippers of:

lBreaking the Marine Living Resource Act by storing, processing, and transporting fish in South Africa’s exclusive economic zone (EEZ) without the authority of a permit which carries a maximum fine of R2-million or five years in jail;

lBreaking the same act by refusing to obey the lawful instruction from an SA fishery control officer and failing to facilitate the safe boarding inspection of a fishing vessel; and

lContravening regulations 11 and 96 of notice R1111 (published in 1998) by entering the SA EEZ with gear on board, and without a valid permit, which carries a fine not exceeding R800000.

They are back in court on June 15. — mikel@dispatch.co.za

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