Damien John Gartside sentenced for illegally fishing on the Great Barrier Reef

The case of a man accused of illegal fishing in a Great Barrier Reef protected zone has finally come to an end more than two years after it was first heard in court. His solicitor says this has caused him to become homeless.

Damien John Gartside sentenced for illegally fishing in the Great Barrier Reef

A man accused of illegally fishing on the Great Barrier Reef says he trusted his skipper and was not aware of fishing rules because of his illiteracy.

Damien John Gartside, 49, has been facing charges for nearly two years after illegally fishing inside the Great Barrier Reef Marine Park at the Whitsundays on the night of August 9 to August 10, 2022.

Federal Prosecutor Hugh Russell told magistrate Athol Kennedy that Gartside had been out fishing on two dories with his skipper but that at some point during the night the boats were detached from the main vessel for a period of approximately two hours.

Mr Russell told the court they had fished within the Yellow Zone in the Marine Park but the fact that boats had been detached from the main vessel was illegal, as they had drifted for up to one and half kilometres inside the yellow zone, and 265m from the primary vessel.

He told the court the Great Barrier Reef was a “fragile” environment that needs protection and it was the responsibility of fisherman to know the rules as to where and how to fish.

Detailed mapping of the trajectory as well as photos of the boats were also submitted to the court.

Mr Russell said illegal fishing of this type on protected zones could lead to fines up to $11,100.

Richards Rewald Lawyers solicitor Cleo Rewald told the magistrate this case was a co-accused one, and that Gartside was not the skipper of the main vessel.

She told Mr Kennedy Gartside had only completed education to Year 8 and struggled to read, and therefore was not aware of the legal requirements to fish in the marine park.

“His employer was not necessarily across the obligations of the industry either,” Ms Rewald told the court.

“But he took the word of his employer to the letter.”

Ms Rewald said Gartside had been struggling with homelessness since the incident as he had not been able to work on the fishing boat since then, and he did not have an official address.

She said the $340 a week he received from Centrelink would “not even cover rent” and that he was currently trying to work for cash.

She asked for the magistrate to modulate the severity of the fine imposed on him.

Gartside pleaded guilty to two charges of having fished on dories detached from the main vessel in front of the Bowen Magistrates Court.

He was sentenced to a $500 fine and the convictions were recorded.

Originally published as Damien John Gartside sentenced for illegally fishing on the Great Barrier Reef