Fishing offence fine

Woman, 75, caught in son-in-law’s illegal activity

A WOMAN who was “caught in the net” of her son-in-law’s illegal fishing activities has been fined $11,490.

Patricia Ann McCauley, 75, of Dunalley, was found guilty of two counts of possessing fish for commercial purposes without having a fish processing licence, possessing excess abalone, unlawfully possessing rock lobster, and possessing unmarked and untagged rock lobster.

The charges related to 21 abalone and 24 rock lobster in her possession in September 2011 at a fish processing factory McCauley was responsible for at Boomer Bay.

McCauley and her son-inlaw Mark Eather, a former fisherman to some of Australia’s best-known chefs, were charged after a covert police operation in 2011.

McCauley was sentenced in the Hobart Magistrates Court on Wednesday.

Magistrate Reg Marron said Eather was, at the time, the supervisor of a scale fish fishing licence held by McCauley on behalf of a family trust. Neither he nor McCauley were authorised to take or have in their possession rock lobster or abalone for commercial purposes.

Mr Marron said the covert police operation was conducted in two parts.

“The first involved an undercover operative making telephone contact with Mr Eather, requesting abalone, rock lobster and some finfish, that he then received from Mr Eather and was later invoiced by him for the fish,” he said.

“The second part of the operation was a covert search of the premises at the Boomer Bay factory.”

The court heard McCauley’s daughter, Eather’s wife, died in 2009 leaving Eather to raise their children. A family trust was set up and McCauley was trustee. It was initially decided to process scallops.

Mr Marron said Eather was responsible for bringing the abalone and rock lobster into the factory.

“Mr Eather has a number of significant and relevant prior convictions,” he said.

“His offending history made it even more important for you to be vigilant in ensuring that you were in no way exposing yourself to charges as a result of his conduct.

“It is more than likely that your motive was to support your son-in-law who had lost his wife and had children to care for, but it seems that in doing so you were caught up in his net of offending behaviour.”

The 2011 covert operation eventually led to Eather pleading guilty to trafficking in rock lobster between January 17, 2011, and October 6, 2011. He was fined more than $177,000 and permanently disqualified from holding any fishing licence in Tasmania.

The court heard McCauley was convicted and fined in 2007 for possessing scallops without authority, and was found guilty of further fisheries offences in 2011 but no conviction was recorded.

Mr Marron yesterday fined McCauley $11,490 and ordered her to pay courts costs of $66.36.

McCauley previously said she planned to appeal against her conviction and sentence.

Patricia McCauley