Fine level argued in fisheries case

Hawke’s Bay Seafoods and its officers are not super-wealthy, their lawyer has told a judge who is to decide how large a fine the company will face for underreporting fish catches.

Wellington District Court judge Bill Hastings is hearing submissions from the Crown and lawyers for the company and its directors on how much he should fine them and how that should be apportioned.

Convictions were entered on 85 charges against Antonino, Giancarlo and Marcus D’Esposito, 22 charges against Esplanade No 3, eight against Ocean Enterprises and 15 against Hawke’s Bay Seafoods of making false statements and the sale of unreported fish in June.

The long-running case is nearing its end, with the judge expected to sentence after several years before the court.

Ministry for Primary Industries lawyer Stephanie Bishop said a fine in the range of $1.5 million was argued for by the ministry.

The companies’ lawyer, Mike Sullivan, had told the judge a fine should be about $600,000. ‘‘These are not Fonterra extremely wealthy people.’’

Sullivan said it was a mid-tier fishing company with a mid-tier income. ‘‘They (the companies) are a big fish in a little pond.’’

Lawyer for Marcus D’Esposito, Karyn Van Wijngaarden, said her client was the eldest son and struggled to say no when more responsibilities came his way. She said he was a busy man in a demanding role, trying to be many things to many people and got some of it wrong.

He became aware of the offending and failed to take steps to stop it. ‘‘He was a man who did not want to disappoint his father but lost sight of his own limitations. He accepts he is the most culpable.’’

Representing Giancarlo D’Esposito, Bruce Squire, QC, argued for a total fine – over all the 38 charges his client had pleaded guilty to – of $60,000.

He said it had been accepted from the start that his client did not know about the offending but was charged as a director of the companies.

The judge will now hear an application for relief from forfeiture of the four ships that had been forfeited to the Crown. He is expected to reserve his decision.