January 14, 2013

Interpol confirms death of man in trawler prosecution

By David Clarkson

Interpol has confirmed that the former factory manager on the trawler Oyang 77 ? the vessel at the centre of a fisheries prosecution ? was killed in a car crash in China on September 11.

The Ministry of Primary Industries had asked Interpol to make inquiries while it tried to prosecute the Korean manager, Soon Ill Hwang, and the 39-year-old captain of the vessel, Dae Jun Lee, on charges involving large scale fish dumping at sea.

A Christchurch District Court judge ruled out the case proceeding against Hwang in November but the case has been reinstated after further legal argument.

The case came before a pre-trial hearing before another judge, Judge Brian Callaghan, in the Christchurch District Court today.

He heard an application in chambers for the court to hear the evidence of three Indonesian crew members ahead of a two or three week trial. The details of that chambers hearing cannot be reported.

If the cases against Hwang or Lee can be proved, the vessel may be forfeit to the Crown. It is a trawler owned by the Korean-based Sajo Corporation which was being chartered by the Southern Storm Fishing (2007) Ltd at the time of the alleged offending.

Judge Callaghan accepted the confirmation from the Ministry, through Interpol, that Hwang had died after the time the Ministry had commenced proceedings against him.

He said it was unclear whether Hwang had personal knowledge of the proceedings because of the ?deemed service provisions? under the Fisheries Act, which allows legal papers to be served upon the New Zealand charterer.

He ruled that Hwang?s personal representative ? under Korean law that is his father ? had standing in the case. His legal representatives, Nelson-based Ocean Law, are now to consider whether to file a stay, which would stop proceedings. The stay application, to be filed within 21 days, must include evidence of Hwang?s knowledge of the proceedings at the time of his death.