Chinese fishing captains not guilty

The ruling followed a retrial ordered by the Court of Appeal and it sparked both relief and satisfaction among the defendants and their legal representatives.

Counsel for the two Chinese captains, Ms. Stephanie Mahuk and Mr. Nigel Morrison expressed their satisfaction with the verdict, following the three-week trial.

They also emphasized their joy for the captains, as they will now be able to reunite with their loved ones in China after a difficult legal battle.

The legal saga began in November 2020 when the two fishing vessels departed from China bound for Vanuatu on a commercial fishing expedition.

While Dongangxing13 and Dongangxing16 reached Vanuatu’s territorial waters, the third vessel in the group, Dongangxing17, unfortunately, went missing at sea.

However, the focus of the legal proceedings centered around the apprehension of the two vessels on January 21, 2021, by the Vanuatu Maritime vessel Tukoro near Hiu Island in Torres Province.

The charges against the captains and crew members were related to fishing without licenses and improper stowage of fishing gear.

Despite no fish, other than bait fish purchased in China, being found on board the vessels, the prosecution believed that the defendants were engaged in unauthorized fishing activities within Vanuatu’s waters.

In August 2022, the Supreme Court Judge acquitted the defendants of all charges. However, the Public Prosecutor appealed the acquittals, alleging errors in the interpretation of the Fisheries Act.

The primary grounds for the appeal focused on the interpretation of Section 53 of the Act, the definition of commercial fishing, and the proper stowage of fishing equipment.

The appeal revolved around the fishing vessels Dongangxing13 and Dongangxing16, which entered Vanuatu’s territorial waters without the necessary fishing licenses.

Upon inspection, fisheries officials discovered frozen fish in Dongangxing13’s freezer, stored alongside blood and various fish species.

Additionally, both vessels were found to possess nets in their fish wells, while Dongangxing16 had a small blue boat equipped with fishing gear.

The fisheries officers argued that the fishing gear was not properly stowed.

The defense countered these claims by asserting that the fishing gear was intended for recreational purposes rather than commercial fishing.

They maintained that the fish found on Dongangxing13 were part of the baitfish purchased in China, and the nets were spare nets meant to prevent damage.

The defense’s central argument relied on the requirement of proving commercial fishing, which they contended was not established by the prosecution.

The prosecution, on the other hand, contended that Section 53 of the Fisheries Act encompassed all fishing activities within Vanuatu’s territorial waters, irrespective of their commercial nature.

They argued that the fish discovered on the vessels, combined with other evidence, substantiated the occurrence of commercial fishing.

The acquittals were then set aside and the counts returned to the Supreme Court which resulted in the three-week retrial.