Snapped! The Taruman Saga

08 November 2006
By SGT John Fitch

Illegal fishers in the Southern Ocean or our Pacific neighbours’ backyards are being successfully prosecuted, thanks to the vigilance and professionalism of the Air Force’s No.5 Squadron.  Here SGT John Fitch details a successful court case against a fishing vessel caught red handed.

One damp July morning in 2005 a No.5 Squadron Orion crew arrived at work for a routine Southern Patrol brief. We were to patrol deep in the Southern Ocean, looking for illegal, unreported and unregistered (IUU) fishing vessels.  When the brief was concluded, we pre-flighted the aircraft and proceeded at high altitude to the patrol area, marking radar contacts as we went along. Before the mission started in earnest, the crew were briefed on their roles and responsibilities in the event of finding an (IUU) fishing vessel. As we would be patrolling within the CCAMLR Area and into Australia’s Macquarie Island Exclusive Economic Zone (EEZ), we reviewed the legal requirements for each area.

We then proceeded on task, searching the Southern Ocean for any vessels. The area is closed to fishing outside the summer season, so when the radar operator reported a contact inside Australia’s Macquarie Island EEZ, we proceeded to identify and photograph the vessel. It was initially called as a stern trawler, but as we came closer and the visibility improved in the low cloud, the flight deck crew realised it was a converted stern trawler being used as a long liner. As we flew down his starboard side, the name ‘Taruman’ became visible. There were men in the well deck area and fishing lines over the side, indicating that fishing in the closed area.

We photographed the vessel from all sides, getting as much information as possible on what appeared to be illegal activity. Radio contact was established on channel 16 VHF and the name Taruman was confirmed, however language difficulties meant that it was difficult to get any more information.

We passed an Australian Fisheries infringement notification’ report, continued to monitor activity on the vessel, sent our infringement report to HQJFNZ and awaited further instructions. As we circled overhead, the vessel turned around and made speed towards the closest EEZ boundary. We then received instructions from HQJFNZ to record all data about the encounter with the Taruman, and continue on patrol.

On arrival back at Whenuapai we gave all records to our intelligence staff, made a few personal notes and awaited instructions from a higher authority. These were not slow in coming: the Australians said they would like affidavits and imagery ASAP, so we reviewed our notes from the patrol, produced affidavits, then sat back and waited. We speculated that it would be nice to spend some time in Hobart or Melbourne waiting for a court appearance, but time passed, the crew dissipated, with some posted overseas, and the rest of us continuing to fly local and overseas tasking. This little adventure in the very deep Southern Ocean drifted into memory.

Then, early this year. word came through that the Australians had boarded the Taruman and impounded the vessel, catch and crew and sailed them all to Hobart.

A court case in Hobart! We hadn’t been there for years; this would be nice. Rewrite affidavits to Australian requirements. THEN MORE HURRY UP AND WAIT! Comments now coming out of Australia that the court case is in Sydney, oh well, that’s ok, Sydney is nice too.

Then suddenly the phone call came. SGT Fitch, you will be required to give testimony in court tomorrow.  Whoa! Ticketing and instructions come through overnight. Get to work, print your affidavits, get some personal notes, out to the airport, on a commercial flight to Sydney, into a hotel, and meet the Australian fisheries guys. They have a team that just prosecute fisheries infringements, very interesting to talk to them about the Australian way of doing business and compare it to the Kiwi way.

The court is full of people. We get a good brief from the Australian prosecutors on what to expect inside the court and an insight into what the Defence QC will probably ask

This is a little daunting! Everyone in wigs and gowns, you are sworn in and then the questions start. ‘No you can leave, we have a legal issue to resolve.’ Cool, out you go and wait, then are recalled to answer more questions, out you go again ‘more legal issues’, in again and complete your prosecution testimony. That’s day one done and dusted.

Day two, the defence cross examination starts friendly, but we get down to brass tacks pretty quick. Some good advice is given to us ‘just answer the questions.’ After some meaningful discussion about flying, fishing, weather, styles of fishing, your experience, the age of the aircraft, we get to the point ‘did you actually see what you said you saw?’ YES WE DID! Okay, you may leave now thank you.

Out of the court, and don’t talk to anyone because you could taint their testimony. We are onto an aircraft back to New Zealand, and it’s very nice to be home. We go back to our normal work for a while, and then the news comes through: all parties were found guilty.  It was all worthwhile!  We have helped send a message to future poachers that maritime patrol aircraft can find them anywhere in the Southern Oceans.

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