The fate of US citizen, Richard Baker who was jailed and fined $45,000 for using an unlicensed and unregistered foreign fishing vessel in the BVI waters, could be in the hands of the Territory’s Governor David Pearey since the Executive Body cannot interfere with the Judiciary. Premier Ralph T. O’Neal made this disclosure at a press conference held on Monday while answering a question of his Government’s plans to intervene on the matter.

Baker, 46, could get lucky if Governor Pearey 

get involved with his case 

“The fact is this, I don’t know if you know about the division of powers. You have the judiciary, you have the legislative and the executive, and the executive cannot interfere with the judiciary. The Governor can use his power [to intervene] if he thinks he should do it in his own deliberate judgement,” said the Premier.

Baker woes began on September 24, when he and his wife, Deborah Barton, were out for a pleasure cruise with two lines in the water, when a BVI law enforcement vessel stopped them.

Subsequently, the couple appeared in the Magistrate’s Court, Road Town where Barton was ordered to pay a $1,000 fine for illegal entry, and was allowed to go home.

However, as captain of the vessel, Baker was held for illegal fishing. He was sentenced to nine months in prison after he could not have come up with the $45,000 fine.

Fisheries legislation to be scrutinised

The law and guidelines that fall under the purview of Article 95 of the 1995 Fisheries legislation is deemed ‘ridiculous’ by the Premier, who has promised to have the legislation reviewed.

At the moment the legislation states if a local person is caught fishing in an unlicensed boat or he does not have a license he can be fined up to $50,000 and an alien can be fined up to $500,000.

“Now I think that is almost ridiculous therefore this matter will be discussed in our caucus. We will consider whether those fines should be reduced especially in view of the fact that our coastal waters are now 12 miles,”  O’Neal told reporters at a press conference on Monday.

Amendment to the legislation could be passed by the end of January 2008 added the Premier providing everything goes smoothly.

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