Judge Desmond Zaidan heard charges against Leslie Hamilton of Maymore, St Johnston and Clayton Duncan of Tubber, Carrigans, brought by the Foyle, Carlingford and Irish Lights Commission for offences which occurred on August 31 last year.

Solicitor for the prosecution, Rory O’Brien said River Watchers Sweeney and McCallion were on patrol in the Maymore area of St Johnston in a place known as The Marsh. Another River Watcher, Ian Olford was standing on the other side of the river in County Tyrone. They then witnessed a net shot from a boat on the riverbank to a sandbank. Officers McCallion and Sweeney moved further down an old railway track where they saw a tractor at the end of the line. There were two men in the cab and one in the link box. Officer Sweeney jumped into the link box where the occupant was wearing a balaclava. When ordered to remove the headgear, officer Sweeney recognised the man to be Clayton Duncan.

Judge Zaidan was told it is illegal to use a net to fish in the Foyle area and the actions of these two men was an infringement on regulations.

He was also told Hamilton has a total of twelve previous convictions relating to offences on three separate dates. The defendant’s solicitor, Fiona Browne, said she had known Hamilton personally for years, and said he was an upstanding member of the local community and a salt-of-the-earth type of person.

“Not if you’re a fish,” interjected Judge Zaidan. Ms Browne continued, however, that Hamilton lives along the river bank and has not been granted a licence at the moment. She explained, however, that he is currently awaiting a meeting with Minister Mary Coughlan to raise the issue.

She said Hamilton is a farmer in his forties who has a young family, she asked Judge Zaidan to take this into consideration when imposing a fine.

Ms. Browne said Duncan was the boyfriend of Hamilton’s daughter, and he too had fished the river all his life. She said on the grounds he has no previous convictions, he would be more than happy to donate money to charity.

Inspector Walker nominated the Foyle Search and Rescue charity, given the tragic events of Bank Holiday Monday in St Johnston. Ms Browne said the young boy who died was from the same community as Duncan and he would be more than happy to donate €2,000.

Leslie Hamilton was fined a total of €2,500 on the various charges. Judge Zaidan concluded, however: “He is the person who lives along the rover bank and has fished all his life. I am taking into account that he is making moves to obtain his licence but he cannot keep taking the law into his own hands.”

Hamilton was also ordered to pay €375 in prosecution costs. Costs owed by Duncan, however, were waived due to his contribution to charity.