KEY POINTS:
A judge is considering whether to allow evidence in a fish-dumping prosecution to be recorded pre-trial, before the Polish crew members making the allegations against their bosses head back to Poland.
An application by Crown prosecutor Chris Lange in the Christchurch District Court yesterday was opposed by Francis Cooke, QC, of Wellington, defence counsel for the three Polish defendants.
Judge Philip Moran reserved his decision.
The argument centres on whether a fair trial would be possible with the prosecution evidence taken in written form or as videos beforehand.
Mr Lange sought the order because once the witnesses who were crew members returned to Poland, the Crown could not be sure that they would return to give evidence. They could not be compelled to return, and they could not be held in New Zealand to await the trial.
The three men who have been charged - senior staff on the fishing vessel including the skipper and factory manager - are still at sea and will not return to port until the second week of October. Mr Cooke said the defence team had been badly stretched by the speed of events since the allegations arose three weeks ago.
He said the defence needed time to prepare if the men were going to be cross-examined, and he also argued that the playing field should be level for Crown and defence.
If the defence had to bring the defendants and their witnesses back from Poland for a trial, then the Crown should have to do the same.
The men have been charged under the Fisheries Act by the Ministry of Fisheries, alleging fish was illegally dumped at sea while they were working the east coast hoki grounds on a trip from May to July.
Fish-dumping is the practice of getting rid of less valuable fish, including small and damaged fish, so that only the more valuable fish are retained.
The ministry says it can mean that catches are over the limits allowed and the sustainability of the fishery is put at risk.
The name of the vessel has not been disclosed, but it is a Malta-registered vessel with a Polish crew which has been contracted to fish for a New Zealand company.
- NZPA
