A poacher who stole more than £60,000 worth of salmon and sewin from the River Teifi will only have to pay £1 as the proceeds of his crime, a court decided today.
Emlyn James Rees, 35, was considered the leader of a poaching operation which was prosecuted by Natural Resources Wales.
After apprehending Rees removing trout from a net on the Teifi, bailiffs searched his property. They seized nets, sacks, ropes and two freezers stocked with fish.
They also found a ‘poaching diary’, namely a log book containing dates, photographs of the co-defendants alongside their catches and fish records dating back 20 years.
The court heard that the operation, which had a significant impact on the salmon and sea trout population of the Teifi, had earnt Rees around £61,751.
He had four previous convictions for six offences. One for a related offence dating to 2010.
However, the court was told that Rees, of Dan y Graig, Cenarth, was currently awaiting an operation and that the former bricklayer was not in work or on benefits and that his assets were nominal.
“I imagine members of the public will question that,” said His Honour Judge PH Thomas QC of the £1 amount awarded for proceeds of crime.
“It is certainly not a case of the court giving him a free pass. It is recognition that the court has not been able to identify any assets.”
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Rees originally pleaded guilty to eight charges relating to the illegal handling of salmon at Haverfordwest Magistrates on April 4.
Magistrates ordered five other Cardigan men to pay more £20,000 in fines and costs for their part in depriving the waters of the River Teifi salmon and sea trout for 20 years.
The court heard that their actions had had a significant impact on the fish population of the River Teifi. In 2005 the Teifi’s salmon stocks stood at 4,342 but in 2020 it had diminished to 1,197. This had had an impact on the biodiversity of the river, affecting king fishers, otters and more.
It had also had a significant impact on the local economy- with one angling club reporting a drop in membership from 500 active members in 1990 to just 57 in 2019.
As most members were from outside the area, the dwindling membership had had an impact on local tourist accommodation, restaurants and shops.
The court heard that the cost of the investigation into the poaching operation stood at £51,444.
Despite the gravity of Rees’ crimes, Swansea Crown Court heard that he could not be sent to prison.
“It is surprising that there is no custodial option,” said Judge Thomas. “Had there been, the chances are I would have taken that custodial option.”
As it was the court heard that Rees’ financial assets, including the money in his bank accounts was ‘nominal’.
He stood to inherit his father’s house, but probate had not been finalised as yet, so this was not an asset that the court could consider.
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. “For you own profit [your actions] 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.
“Unfortunately, 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.”
Rees was warned that, if he did not keep up his payments, which were set at £80 a month, he risked 45 days in prison.
He was also told that if he did come by any money, that money would be taken off him and used towards the proceeds of crime payment.
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