Despite being found guilty of stealing salmon and trout worth £62,000, the head of a group of illegal fisherman was spared prison time and just has to pay a small fine of £1.
The judge at Swansea Crown Court expressed his amazement on Friday that no one had been sent behind bars for the offence.
35-year-old Emlyn Rees was apprehended after 20 years of illegal poaching, of which seven years were later found to be unlawful.
His own diaries of his prize catches and photos ensnared him.
After setting up an illegal net to capture salmon and sea trout, bricklayer Rees was found.
Salmon populations in the River Teifi in West Wales have decreased from 4,342 to 1,197 since 2005 due to the poaching gang led by Rees.
Bailiffs discovered a log book at his residence that was used as a “poaching diary” and had dates, images of the gang with their catches, and fish data going back 20 years.
Bailiffs searched Rees’ property and found nets, bags, ropes, and two freezers full of fish.
It reportedly brought Rees about £61,751; however, the money has since disappeared.
He is on benefits while waiting for surgery and is unable to work as a bricklayer, the court was informed.
Rees, of Cenarth, Carmarthenshire, had pleaded guilty to eight charges relating to the illegal handling of salmon at Haverfordwest Magistrates – and was sent to Swansea Crown Court for sentence.
He was punished £1,600 and given the paltry sum of £1 as reparation for his criminal earnings; His Honor Judge PH Thomas QC noted that the public could have doubts about that and remarked as much.
It is clearly not the case that the court excused him. It is an admission that no assets have been found by the court.
He could not be imprisoned, Swansea Crown Court was informed, as there is no detention for poaching.
The absence of a prison alternative, according to Judge Thomas, is remarkable. If there had been, it’s likely that I would have chosen the custody option.
Judge Thomas went on to fine Rees £200 for each offence totalling £1,600. He also awarded costs of £1,000.
‘You have been a persistent poacher of salmon and sewin over many many years,’ he said. ‘You had significant impacts on fish stocks in the river.
‘Unfortunately, I have no power to imprison and can impose nothing more than a fine. However, I take this very seriously.
‘I can only fine you what you can afford. I have some misgivings over what you say about your means, but I can only fine you what you are able to pay over the course of two years.
‘I can only order you to pay an amount that is affordable regarding costs. There is also the proceeds of crime application in excess of £60,000. I can only impose a £1 charge on you.’
Prosecutor Jon Tarron said: ‘Emlyn Rees was undoubtedly the control factor in this large-scale poaching operation.
‘For over two decades, others were all involved on different scales.’
His fishing crime spree was halted when at 5am the bailiffs saw a man in dark clothes walking across the fields carrying a large rucksack.
He was observed removing fish with a net from the river.
Rees tried to elude the river patrol by fleeing the scene by diving into the river close to Cenarth, West Wales, according to testimony given in court.
However, after his arrest, the remaining members of the 20-year-old poaching group were found at his home during a search.
Bailiffs found nets, bags, ropes, and two freezers filled with fish when searching his property.
The harm caused by such a surgery is brutally visible, according to Mr. Tarron.
The impact of this illegal fishing activity on the Teifi, other watercourses, and coastal seas cannot be understated, according to Natural Resources Wales’ Gavin Bown after the incident.
‘These caused terrible damage to the stocks of salmon and sea trout and have seriously hindered the future prospects for the stocks of these iconic species.
‘Their actions negate the outcomes and benefits that would otherwise arise from investment by responsible river users and from public funds.
‘I would like to thank our dedicated team of Enforcement Officers, whose detailed and dogged investigation exposed an astounding scale of criminality.’