Indigenous abalone poaching syndicate allegedly caught boasting they could ‘work system’

An abalone poaching syndicate was allegedly caught boasting how they could “work the system” to escape punishment for illegal plunders because they are Indigenous.

A family-run abalone poaching syndicate was allegedly caught boasting how they could get away with their illegal plunders because they were Indigenous, a court has heard.

David Cruse, 47, his son Andre, 22, nephew Elijah, 22, as well as Ethan Cruse, 26, Lee Cruse, 45, and Junior Finai, 26, have each been charged with trafficking a commercial quantity of abalone following a major sting by the Victorian Fisheries Authority (VFA).

The Cruse men are of Aboriginal heritage, specifically from the Yuin nation and under native title are permitted to take abalone for personal or cultural use.

They cannot, however, use the catch for commercial purposes and face a maximum sentence of 10 years prison if convicted.

The men have pleaded not guilty and were committed to stand trial following a week-long committal hearing in the Melbourne Magistrates’ Court this month.

Lee Cruse is one of the men charged with trafficking a commercial quantity of abalone. Picture: Facebook

Operation Arctic, understood to be one of the largest investigations in the VFA’s history, spanned the Victorian and NSW border and surveilled the Cruse syndicate for more than a year as they allegedly harvested the priority species from various fishing hot spots including along the Surf Coast and Phillip Island, before selling them to buyers at a Melbourne food market.

VFA officers observed members of the syndicate allegedly free diving on numerous occasions between January and May 2020, allegedly collecting 28 times the commercial quantity in just three trips alone.

Elijah, Andre, David and Lee Cruse are also accused of illegally harvesting abalone from the south coast of NSW between March 2019 and May 2020 before transporting their catch to Melbourne for sale.

The investigation used GPS tracking, listening devices and phone taps to monitor the group’s movements.

In one covertly recorded conversation, Elijah Cruse can be heard boasting about the money he and his family had made diving for abalone and how he could “work the system” by being aboriginal.

“Elijah admits diving for a job, buying his car from proceeds made from abalone sales, making $1700 in one day and $10,000 as a group of five,” court documents allege.

“(He says) his family has been selling abalone for years (and) knowing how to work the system being Aboriginal as an excuse,” the summary continues.

In June 2020, investigators arrested the men and raided the home of husband and wife, Trieu Thanh Nguyen and Van Tuyet Nguyen, known as the “buyers” and allegedly found more than 116kg of abalone stored in bags and a freezer.

Receipts for the sale of the seafood allegedly matched photos found on Elijah Cruse’s phone.

Mr and Ms Nguyen and their business, Hai Trieu Seafood, will face trial over charges of trafficking a commercial quantity of a priority species.

David Cruse is also charged with threatening to kill two VFA investigators during an interview following his arrest in which he is accused of telling an officer: “I hope a f — king shark eats you next time you are in the water”.

The men will appear in the County Court on May 31.