R v Priyantha (CO 60 of 2024) [2024] SCSC 224 (22 November 2024)

SUPREME COURT OF SEYCHELLES Page 1 of 5 In the matter between: THE REPUBLIC (represented by Ms. Shireen Denys) and Reportable C060/2024 Prosecution SAMARASINGHE KAMKANAM GE Accused RANJAN PRIYANTHA (represented by Mr. Clifford Andre) Neutral Citation: Republicr v Priyantha (C060/2024) 22nd November 2024 Before: Summary: Heard: Delivered: Adeline J Sentencing of a convict for one count of Fishing Without a Foreign Vessel License, and one count of Interfering with the Vessel Monitoring System. 23rd October & 28th October 2024 22nd November 2024 FINAL ORDER The accused, now a convict, is sentenced to pay a fine of SCR 250,000 for the offence of Fishing Without a Foreign Vessel License and a fine of SCR 100,000 for the offence of interfering with the vessel monitoring system. The two fines must be fully paid by latest two months as of today failing which the convict shall serve a default sentence of imprisonment of 1 Ih year. Adeline j Page 2 of 5 INTRODUCTORY BACKGROUND FACTS [1] Samarasinghe, Kamkanamge, Ranjan, Priyantha, ("the accused now a convict") who is a 45 year old Sri Lankan national and, skipper and master of a Fishing Vessel named IMULA 1549 MTR FV SUNSHINE is indicted before this COUli for one count of Fishing Without a Foreign Vessel License contrary to Section 11(1) read with Section 69 of the Fisheries Act, 2024 (Act 20 of2014) and Punishable under Section 58(9) of the said Act (Count 1). [2] Samarasinghe, Kamkanamage, Ranjan, Priyantha is also indicted for one count of Interfering with the Vessel Monitoring System contrary to Section 54(1) (c) of the Fisheries Act, 2014 (Act 20 of2014) and Punishable under Section 64(1) of the said Act. (Count 2). [3] On the 23rd October 2024, the said Samarasinghe, Kamkanamage, Ranjan, Priyantha pleaded guilty to Count 1 and was accordingly convicted for one count of Fishing Without a foreign Vessel License after he admitted the facts pertaining to the charge as narrated by the prosecution. [4] On the 28th October 2024, the said Samarasinghe, Kamkanamage, Ranjan, Priyantha also pleaded guilty to one count ofInterfering with the Vessel Monitoring System and after he admitted the facts pertaining to the charge as narrated by the prosecution he was accordingly convicted. [5] The prosecution alluded briefly to the main facts pertaining to Count 1, stating, that Samarasinghe, Kamkanamage, Ranjan, Priyantha a 45 year old Sri Lankan Skipper and Master of Foreign Fishing Vessel, namely, IMULA 1549 MTR FV SUNSHINE, on Thursday 191h September 2024, was found with 150 sharks weighing a total of 3,670 kilograms and 44 kilograms of shark fins on the said vessel at (05° 08°. 310'S 056° 32. 690'E) approximately 63.5 nautical miles southeast of the Southern point of Mahe Island within the Seychelles Exclusive Economic Zone. The said Foreign vessel which was used for fishing in Seychelles waters did not have a license, nor authorization to fish in Seychelles waters. Page 3 of 5 [6] The prosecution also alluded briefly to the main facts pertaining to count 2, stating, that Samarasinghe, Kamkanamage, Ranjan, Priyantha, a 45 year old Sri Lanka skipper and Master of the Foreign Fishing Vessel, namely, IMULA 1549 MTR FV SUNSHINE, on Thursday 19th September 2024 at (05° 08°. 310'S 056° 32. 690'E) approximately 63.5 nautical miles Southeast of the Southern point of Mahe Island within the Seychelles Exclusive Economic Zone, was found to have interfered with the said Fishing Vessel monitoring device by switching it off when it should have been operational. [7] In plea in mitigation for the two offences of which the accused/convict has been convicted in order to mitigate against the possible sentences, learned Counsel for the accused/convict submitted, that the accused/convict has pleaded guilty to both counts at the very first opportunity, and that the accused/convict is remorseful for the crimes he committed. Leamed Counsel also stated, that the accused/convict has no previous criminal convictions. Learned Counsel referred this COUli to the case of Mahalingam Kanapathi SCA CR 14/2021 (Appeal from CR62/2021) in which case the Court of Appeal substituted the attracted mandatory fine of SCR 2,500,000.00 by a fine of SCR 400,000.00. [8] It was the submission of learned Counsel, that the facts of the instant case warrant that a fine of not more than SCR 400,000.00 be imposed on the accused/convict to bring about consistency with the COUliif Appeal decision in Mahalingam Kanapathi and finality to this case, so that the accused/convict can pay the fine and be repatriated home to be reunited with his family given that he is the main breadwinner of the family. [9] The offence of Fishing Without a Foreign Vessel License prescribed under Section 58 of the Fisheries Act, 2014 is couched in the following terms; "58 where a fishing vessel that is not licensed in accordance with Section J J is usedfor fishing or anyfishing - related activity in Seychelles waters orfor sedentary species on the continental shelf, the owner and master each commits an offence and is liable on conviction, where theforeign vessel is,' (a) of a length overall not exceeding 24 metres, to afine not less than SCR 2,500.00. Page 4 of 5 (b) of a length exceeding 24 metres but not exceeding 50 metres, to afine 110tless than SCR 12,500.00. (c) of a length overall exceeding 50 metres or more, to afine not less that SCR 18,750,00 and not exceeding SCR 31,250,000. [10] No evidence was put before this Court as regard to the length of the vessel by the prosecution or the accused/convict. As such, for the purpose of this exercise, this COUli will consider the length of the vessel to be the shortest of the length prescribed under Section 58(a) (b) and (c) of the Fisheries Act that attracts the lowest fine of not less that SCR 2,500,000.00. [11] The offence of Interfering with the Vessel Monitoring System is prescribed under Section 64(1)( c) which is couched in the following terms; "64(1) Any person who- (c) tampers or wilfully destroys, damages, renders inoperative or otherwise interferes with the vessel monitoring device or the vessel tracking device of a fishing vessel commits an offence and is liable on conviction to afine not exceeding SCR 450,000. [12] In meeting out the appropriate sentence that will bring about a just conclusion in this case in the interest of justice, I have taken into account the matters raised by leamed defence Counsel in plea in mitigation, notably, the fact that the convict is a first time offender who has pleaded guilty to the two charges at the first available opportunity. I have also taken into account that neither of the two charges of which the accused/convict has been convicted attracts a custodial sentence. Furthermore, I have been guided by the approach adopted and by the sentence imposed by the COUli of Appeal in Mahalingam Kanapathi (Supra) [13] In the circumstances, I therefore fine the accused/ convict Samarasinghe, Kamkanamage, Ranjan, Priyantha the sum ofSCR 250,000.00 for count 1, the offence of Fishing Without a Foreign Vessel License. I also fine the accused/convict Samarasinghe, Kamkanamage, Ranjan, Priyantha the sum of SCR 100,000.00 for count 2, the offence of Interfering with the Vessel Monitoring System. The two fines must be fully paid within two months of the date of this sentence failing which the convict will serve a default sentence of imprisorunent of 1 Y2year. Page 5 of 5 Signed, dated and delivered at Ile du Port 22lld November 2024.