Criminal conviction issue

[kc]

Just a heads up so you "heard it here first".

The issue of the criminal convictions for people who went fishing in the wrong spots on the reef is due for a run in tommorrows Courier Mail...as a political story, not a human interest story.

The Prime Minister is now personally involved.

This one is the last box to tick in respectt of what we have been working on for the last 3 years.

Next batter up is the bay and general access issues and MPA's Australia wide but this will be a "warm and fuzzy" when it happens.

KC

[kc]

Story was "saved" for the Friday paper after they determined it to be more newsworthy after action in parliment today.

Below is an email just received.


Hi everyone,

Just to give you an update on Family First pursing a pardon from the Government for the 324 Queensland fishermen deemed criminals for dropping a line in the wrong part of the Great Barrier Reef Marine Park.
Senator Fielding gets one question every week to ask in Senate Question Time and today he asked his question on this issue, to Senator Chris Johnston from WA, who represents the Attorney-General Phillip Ruddock in the Senate.

Steve asked:

"Mr President, my question is to the Minister representing the Attorney-General, Senator Johnston:
Minister, as you are aware in December last year the Government changed the law so that recreational fishermen caught dropping a line in the Great Barrier Reef Marine Park Green Zones, would no longer receive criminal convictions.
While the Government fixed its mess, there are still 324 fishermen who were prosecuted before the law was changed - and who now all have criminal records.
Minister, given the Government has only partly fixed the problem, and given it now admits this breach is not criminal activity, will it now rescind the criminal convictions of these 324 fishermen and grant them all a pardon?"

I will be able to send you the Hansard copy of the Minister's reply - but basically he said words to the effect that:

…"this is a very important question to those who now feel aggrieved given there has been an amendment….
"there is clearly I think an injustice done to these 'convictees'….this afternoon I have a meeting about that….
""I anticipate I will be able to address whether it is appropriate that pardons can be granted…
"seeking to obtain a method of remediation in a way that is acceptable…
"I am very motivated to repair this….doing everything I can to see what avenues are avaialble…hope to find a solution."

THIS IS VERY POSITIVE!!! It seems quite a lot has happened since Senator Fielding issued a media release about this matter on Tuesday and raised it personally with the Prime Minister at their meeting on Tuesday afternoon.

According to Minister Johnston (Minister for Justice and Customs) there is a meeting this afternoon about this - so Family First will certainly keep on the case.

If anyone wants to chat to Senator Fielding about this just give me a call. At last it seems the Government is acting - what a shame it has taken all year for them just to organise a meeting!
Regards
Felicity

Felicity de Fombelle
Chief of Staff
Senator Steve Fielding
Family First Leader
Family First Senator for Victoria

[Shane Boese]

MEDIA RELEASE
SF/190. Tuesday September 18, 2007

FEDERAL GOVERNMENT DEEMS FISHERMEN
CRIMINALS SIMPLY FOR DROPPING A LINE IN
THE WRONG PLACE!

It is ludicrous that a total of 324 fishermen in Queensland have been deemed
criminals by the Federal Government for innocently dropping a fishing line in
water which is part of the Great Barrier Reef Marine Park.

"To cop a fine is not a problem, but to be deemed a criminal and cop a criminal
record for the rest of your life is completely over the top," Family First leader
Steve Fielding said today.

"Having a criminal record can seriously damage a person's life. You're deemed
in the eyes of the law to be a criminal which can make it impossible to get a job,
insurance or a home loan. You can't travel to certain countries and can't get a
licence for occupations like being a real estate agent or publican. Every
government form requires you to declare if you have a criminal conviction."

The 324 fishermen copped fines of at least $2500 and criminal records for fishing
in parts of the Great Barrier Reef Marine Park declared "Green Zones' in 2004.

"These fishermen are your 'Average Joe's," Senator Fielding said. "They're
recreational fishermen; granddads taking their kids fishing or a group of mates in
a 'tinnie'. What they have done, usually through ignorance or a lack of navigation
skills, is simply drop a line in the wrong place, which is a minor offence."

In December last year, the Government admitted its mistake and fixed the
problem by downgrading the offence to an infringement with a $1100 fine.

"But what about those 324 fishermen who still have criminal records?" Senator
Fielding said. "The Government created this mess and must fix it, by
immediately ensuring these fishermen don't have this permanent stain on their
record. No one should have to wear that for the rest of their lives."

For media enquiries phone Chief of Staff Felicity de Fombelle on 0409 550 446

[Chris Ryan]

Here is the Courier Mail article.

http://www.news.com.au/couriermail/s...8-3102,00.html

[Gary Fooks]

Push to quash fishing charges

By Lachlan Heywood
September 21, 2007 12:00am
FAMILY First has moved to trump the Queensland Nationals by attempting to overturn illegal fishing convictions on the Great Barrier Reef.
The party has secured a commitment from Prime Minister John Howard to look at quashing convictions against 324 recreational fishermen in north Queensland.
The commitment is a major embarrassment for Nationals Senate leader Ron Boswell, who has been trying to resolve the issue for months.

Family First's intervention also highlights a new determination to take the fight up to the Nationals in the looming Queensland battle for the Senate.

At the last federal election, the fledgling party won about 2 per cent of the federal vote. But in parts of Queensland, its support was as high as 4 per cent.

The fishermen were hit with fines of at least $2500 and criminal records for fishing in contentious protected areas called "green zones".

Senator Boswell yesterday said he had worked "bloody hard" to rescind the convictions after a court ruling that global satellite systems were not accurate enough to prove alleged poaching in no-fishing zones.

Family First leader Steve Fielding said he received a commitment from Mr Howard to look into the convictions during a meeting on Tuesday.

"We have a reputation in Parliament and around this building of raising genuine concerns of everyday ordinary Australians," he said.

"These fishermen are your 'average Joe'. They're recreational fishermen, grandads taking their kids fishing or a group of mates in a tinnie. What they have done, usually through ignorance or lack of navigation skills, is simply drop a line in the wrong place, which is a minor offence."
Fishing and Lifestyle Party Senate candidate Kevin Collins said the help of both parties was appreciated in fixing the mess.

[Gary Fooks]

[FONT='Arial','sans-serif']Coalition working to solve GBRMP fishing convictions issue[/FONT]
[FONT='Arial','sans-serif']Leader of The Nationals in the Senate, Ron Boswell, said that the Coalition Government was working to solve the problem of criminal convictions issued to more than 300 fishermen caught fishing in new green zones within the Great Barrier Reef Marine Park prior to the introduction of a new infringement system in December last year.[/FONT]
[FONT='Arial','sans-serif']Senator Boswell’s comments followed a reply from Minister for Justice and Customs, Senator David Johnston in today’s Senate Question Time, to a question by Senator Fielding.[/FONT]
[FONT='Arial','sans-serif']The Minister thanked Senator Boswell for his work to resolve this issue “arguing the case of those 300 fishermen for some long time”. [/FONT]
[FONT='Arial','sans-serif']“What I am currently doing is entertaining my department and the Attorney General’s Department with the request of Senator Boswell. Indeed, may I say that I am hoping for an answer at any moment,”[/FONT][FONT='Arial','sans-serif'] Senator Johnston said.[/FONT]
[FONT='Arial','sans-serif']“I have been working with the Prime Minister, the Attorney General and the Minister for Justice for some time on this complex legal matter and, as a result, the Prime Minister has said that we are seeking to find a solution,” Senator Boswell said following question time.[/FONT]
[FONT='Arial','sans-serif']Senator Boswell said that more than 300 fishers had been stung with substantial fines, and also issued criminal records for fishing in green zones prior to his securing the implementation in December last year of a new infringement notice system instead of a criminal charge.[/FONT]
[FONT='Arial','sans-serif']“We recognise that it is a difficult, important issue that has affected a significant number of good people, so I just ask fishermen for their continued patience while we cross all the ‘t’s and dot all the ‘i’s. [/FONT]
[FONT='Arial','sans-serif']“Most of these people are family fishers, who either didn’t know about the closures, or accidentally drifted into a no fishing ‘green’ zone,” Senator Boswell said.[/FONT]
[FONT='Arial','sans-serif']“Many were parents and grandparents taking their kids and grandkids fishing, and to be whopped with a criminal conviction for this is absurd, and certainly was not the intention of the Government when the closures took place.[/FONT]
[FONT='Arial','sans-serif']Senator Boswell said that he had heard from some fishers who had been unable to obtain their choice of insurance, and others who had been unable to travel overseas because they had of a criminal record recorded against their name after drifting into a green zone.[/FONT]
[FONT='Arial','sans-serif']“That is why we I fought to introduce the infringement system and why I have maintained all along that the outstanding convictions have to be fixed. The government wants to find the right solution,” Senator Boswell said.[/FONT]
[FONT='Arial','sans-serif']ENDS[/FONT]