Reply With QuoteAnd the crowd goes...
This is seriously good news
For those who followed the issue of the removal of criminality from Marine Park infringments another chapter was played out in the Cairns magistrates court today. Handing down a decision, which he originally resevered for 1 month. Magistrate T Black ruled both GPS, as a means of fixing a position AND the official GBRMPA maps, were inadmissiable and dismissed chages against the defendant (no case to answer).
This opens a whole "can of whoop arse" in respect the 322 people who have previuosly been convicted using this evidence.
More to follow as we get detailed legal; advice. Only happened an hour ago.
KC
This is seriously good news
Thats great!!!
So I guess its back to the ole drawing board for GBRMPA??Potentially good news for those that have been convicted... please keep us informed as to the progress.
Have you anticipated GBRMPA's next move?
Adam
Heard they have commissioned the building of new boats and are recruiting staff to crew them, poaching them from other agencies.
The public $$$$ spending continues.
Not sticking up for GRUMPA here, but I actually find that a bit odd. The GPS system is recognised as a means for indentifying a location by everyone from from NASA to the humble in car user. If this judge has decided it's not an admissable system to reference a location, what does he propose ? Signs and fences ?
Hi kc,
Any chance of some more details or a link to the story.Like dicko, I'm a little bit confused on a judge ruling that a gps couldn't be used to fix a position.I really dont understand.
cheers Scott
A bit more explanation.
The AMSA, Australian Maritime Safety Authority, and other similar bodies worldwide, have taken the view that a GPS can not be used as the "Sole" means of fixing a position.
That GPS are prone to occassional error is well documented so any time a GPS fix is used for navigational purposes, it must be confirmed or cross checked by other navigational meams (radar, fixed compass bearing etc).
The GBRMPA officers have only ever used GPS and have never cross checked. This makes the "evidence" flawed and invalid. Had they cross checked then there would be no issue in respect of GPS.
The next issue is the charts. These GBRMPA charts are clearly marked with a disclaimer that they "Are Not a Navigation Device", only the official hydrographic charts are allowed (at law) to be used for navigation and yet the GBRMPA continually use these maps to fix positions (navigational purposes).
What this case has done, IMO, is demonstrate a flaw in the system of gathering evidence, which has in turn been used to prosecute 322 people and give them criminal records.
This will not change admissibility of GPS data but it will require that such data be cross checked for accuracy and it will invalidate the GBRMPA maps in resepect of any legal fixing. Only the official charts will be admissible.
The current zonings, in degree, minutes and seconds, can not be fixed on an official chart, as we told them 3 years ago....and they ignored. It will make existing boundaries very blurred and may require a revisit of the bourdies to make them compatible with the official charts.....which they could have done 3 years ago but chose to ignore input!!
This is all pretty complex but if anyone wants the nitty gritty I have it available by PM.
KC
Published today in Townsville
Fish fines in doubt
By DANIEL BATEMAN
20feb07
MORE than 300 recreational fishermen could have their convictions overturned after a pair of Cairns anglers showed fisheries officers could not accurately place them in Great Barrier Reef marine park green zones.
In a court case the fishing industry has branded an historic win in the fight against unfair penalties for fishing in marine park green zones, anglers David William Burke, 40, and Stephen John Clarke, 39, successfully argued in Cairns Magistrates Court that global positioning systems (GPS) were not accurate enough to prove they were inside a green zone when arrested. The fishermen were caught by fisheries officers angling off Michaelmas Cay on December 9, 2005.
Prosecutors presented evidence from the arresting fisheries officers and a geographic information systems officer.
Defence gave evidence from a marine instructor who has trained up to 700 skippers and a marine electronics engineer with 25 years' experience.
Magistrate Trevor Black found the fishermen not guilty of breaching the Great Barrier Marine Park Act, as prosecutors could not reliably place the defendants within a marine park zone.
Although stopping short of labelling his decision a test case, Mr Black conceded the decision held 'a measure of public interest'.
Mr Burke and Mr Clarke were each awarded $1500 costs.
Cairns solicitor for the pair Myles Thompson described yesterday's win as setting a precedent for potentially most of the 322 fishermen fined and convicted for a similar offence.
"Anybody who's been convicted of an offence based upon GPS evidence should write to the federal Attorney-General and demand that their record be expunged," Mr Thompson said.
"Mr (Philip) Ruddock is going to be a busy lad."
The Federal Government late last year amended previous penalties to give enforcement officers the ability to issue on-the-spot fines to recreational fishers found illegally fishing in green zones, rather than a fine and a criminal conviction.
Queensland Fishing Party chairman Kevin Collins said the historic win would put pressure on legislators to revisit 'flawed' evidence against recreational fishermen.
"A significant precedent exists in so far that if a speed camera is found to be faulty, then everyone who has been fined using that speed camera ultimately has their fine repaid," Mr Collins said.
"We've got to work through the legal process now and just see what's involved in that.
"It has fairly major ramifications."
Recreational fisherman Ray Critelli, who has spent close to $10,000 in legal fees arguing fisheries officers landed him in a green zone because of a plotting mistake, said he would now look into further legal action
For an offence that results in a criminal record these GBRMPA officers dont seem to be taking it too seriously or else they would've known the law and the requirement for cross-checking and not relying soley on GPS.Originally Posted by kc
Cheers
AK
Just another example of where magistrates dont have a practical knowledge of fisheries matters. As a result, offenders are let off. Let me ask you all, if this had happened to a commercial fisher, what would your opinions be?
The Cairns Post today (Wednesday 21st) carries a further story.
The parts that interested me the most I have re-typed below.
“The Great Barrier Reef Marine Park Authority yesterday said that global positioning satellite devices would continue to be used to enforce fishing laws.
Its statement comes after Cairns Magistrate Trevor Black on Monday dismissed charges against two anglers accused of fishing in a Green Zone.”
I am told that ABC radio had carried similar interviews with executive director John Tanzer.
Someone suggested to me that his statement is contempt. I don’t think so but it does seem … silly.
Just another example of where magistrates dont have a practical knowledge of fisheries matters. As a result, offenders are let off. Quote from Matt.
With respect Matt, the magistrates do not are are not required to have a knowledge of fisheries matters, they are required to have a knowledge of the law and the presumption of innocence is extended to all people under our system, including commercial fishers.
Those who ARE suppossed to have an understanding of fisheries issues, including navigation, are the GBRMPA enforcement officers. They got this wrong. They have been getting it wrong since day 1. They have known that they have been getting it wrong since before day 1 and chose to ingnore the issue and bully people into submission.
I do not condone anyone breaking the law, even if the law is stupid, nor could I ever be branded a "hand wringing civil libertarean", but this is, was and continuies to be morally and now legally wrong.
Flawed evidence has been used to convict people.....mores the point the authorities knew it was flawed evidence and yet went ahead and convicted people anyway, including giving people criminal records.
They need to be taken to task on this. The GBRMPA displayed an amazing level of arrogance during RAP and refused to listen to input. This has now come back to bite them on the bum and the executive director of GBRMPA, John Tanzer, is being quoted widely today in the North as saying he will basically ignore the ruling and proceed on his merry way....not good enough. GBRMPA are not a law unto themselves and it is about time they start realising it.
There is a technical issue over the maps which may result in the maps being redrawn and GPS must be used in accordance with AMSA legal requirements. If they do this then future court action will go unchallenged but as it stands, right now, the system does not prove, beyond reasonable doubt, that these people have been fishing in green zones.
KC
I presume these guys were on the edge of the green zone to raise doubt with the magistrate. Does anyone know how far in the green they were reported to be?
They could be in the middle of the green zone - it doesnt matter - its a point of law regarding to the methodology used to catch them not where they were located - but HOW they were located!I presume these guys were on the edge of the green zone to raise doubt with the magistrate. Does anyone know how far in the green they were reported to be?
The implications to recreational fishos (locals and tourists) who were also caught using the same methodology, who may have inadvertently wandered into the green zone due to navigational errors etc. is that they MAY have a case to have their convictions scrapped.
I think its a great win for our Northern cousins, both rec and commercial. Its not going to do much for allowing fishing in green zones but it will help those who have been convicted and now have criminal records for what always should have been an infringement.
The courier mail has picked up the news - watch out for tomorrows edition.
Adam
Last edited by Adamy; 22-02-2007 at 05:41 PM. Reason: added stuff
Adam has this about right. The details of this particular case and the alleged location within a green zone are not relavent. The prosecution was not able to convince the magistrate, beyond a reasonable doubt, that the guys were in a green zone...that's that!!
The implications, Australia wide, is that any future marine park breeches will have to be carried out in a far more professional manner and any future marine park zoning maps should conform to the units of calibration used on a hydrographic chart.
TFPQ does not condone fishing in green zones and does not condone the actions of these particular anglers, or any other who have fished in green zones BUT the onus of proof and the fault in this whole sorry saga lies with an arrogant, out of touch bureaucracy who refused to listen, refused to acknowledge they were wrong and still, as at yesterday, are still refusing to acknowledge they are in error.
This is not over yet and TFPQ will not let it rest until it is.
KC
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