Suspended jail terms for Indonesians illegally fishing
An Indonesian boat crew caught fishing illegally in Australian waters has been given a suspended prison sentence; Their lawyers argued that they acted out of desperation to support their struggling families.
Six crew members arrested by Border Force officers in mangroves on mainland Australia on January 29 pleaded guilty to illegal fishing when they appeared in Darwin Local Court on Tuesday.
Indonesians Kasman, Syamsudin, Ramli, Adisianadna, Anton and Hasba, the oldest of whom is 60, were charged with using a foreign vessel to fish in Australian territorial waters.
Kasman, the captain of the destroyed, unseaworthy vessel, was charged with additional charges of being in charge of a vessel equipped for fishing within an Australian fishing zone.
The men’s lawyer, Lyma Nguyen, told Judge David Woodroffe that her clients came from impoverished island villages, many of their families were mired in debt just to survive, and their fishing ventures “were driven by desperation”.
They also face the possibility of having to pay the boat owner the equivalent of $20,000 in compensation for the loss of the vessel, he said.
Ms Nguyen said the crew risked their lives by being at sea for days on an unseaworthy ship with the possibility of being caught and serving time in an Australian prison.
A federal prosecutor acting on behalf of the Northern Fisheries Management Authority told the court that five of the six crew members had previous convictions for illegal fishing or failed to comply with good conduct rules.
He argued that the only appropriate punishment for repeat offenders was imprisonment, which would deter intent to engage in illegal fishing.
In handing down the sentence, Judge Woodroff noted the damage illegal fishing was causing to the marine environment cherished by Australians.
He described the crime as an “extremely risky venture” to earn money to pay off debts and support families, but deterrence was needed to send a signal to prevent further crime.
As a first offender, Syamsudin was given probation for two years.
Kasman, the captain of the boat, was given a six-month prison sentence suspended for three years for good behavior.
Ramli, Adisianadna and Anton were given four-month prison sentences, suspended for three years on condition of good behavior.
Hasba’s sentence was postponed until March 3 in order to resolve issues regarding previous crimes and sentences.
