Review of procedures involving illegal fishing

Following the incident on 21 August 1997 involving the alleged illegal fishing by the two Sicilian vessels Cico and Orizzonte (for which the Captains were acquitted), the Prime Minister directed that a review should be carried out of the way the prosecution case was conducted as well as of the AFM's standing operating procedures in such incidents at sea.

2. The key objective of the investigations was to learn lessons for the future. This reflects the Government's resolution to ensure that its fight against illegal fishing in Malta's territorial waters and the battle against drugs, contraband and illegal immigration are conducted as efficiently and effectively as possible.

3. The review was carried out by the Permanent Secretary of the Office of the Prime Minister, in consultation with the Commander AFM, and the Commissioner of Police and in conjunction with the Attorney General. The internal investigations conducted by the Commissioner of Police and the Commander AFM were on their part comprehensive and wide-ranging.

4. The main conclusions are as follows:

(a) Given the very difficult conditions under which the officers and men of the AFM had to operate, the arrest operation at sea was carried out by them with considerable competence, dedication and courage. The AFM's readiness and commitment, under internationally recognised rules of engagement, to take the sternest action within the law against those thought to be infringing it at sea and to execute it effectively, underlined the Government's determination to deter any infringement within Maltese waters with all the legal and other powers at its disposal. The AFM took all the prior steps necessary short of opening warning fire in this case; warning fire was only opened in the last resort after the captains of the fishing vessels failed to comply with orders to stop and only to the extent necessary.

(b) Nevertheless, a number of lessons for the future have been learnt both by the AFM and by the Police. Improvements are now actively in hand to streamline prosecution procedures. The future prosecution of similar sensitive cases will be handled by the Attorney General who will ensure that evidence is presented by the Police in as complete a manner as possible in the circumstances. One Police focal point has been established to co-ordinate the investigation and preparation of such cases in order to ensure Police specialisation and expertise is developed in dealing with serious maritime infringements in Maltese waters.

(c) Although the substance of the AFM's standing operating procedures was found to be comprehensive and fully in line with internationally accepted rules of engagement, the way in which they are written and presented will be improved. Steps are also being taken to ensure AFM officers and men likely to have to give evidence in Court in such cases are familiar with court-room procedures and the presentation of evidence.