Poaching case thrown out as PC left fishing for evidence

Published on Tuesday 12 February 2008 00:29

SUSPECTED poachers fishing for salmon were cleared yesterday after a police officer admitted he could not tell the difference between worms and maggots.

Greig Johnson and David McKenzie, both 24, of Johnstone, Renfrewshire, were accused of attempting to take salmon from the Black Cart river at Kilbarchan, without legal right or permission, on 25 September last year.

Police had been alerted by angling club officials. However, the officer sent to investigate knew nothing about fishing.

Yesterday, the pair walked free from Paisley Sheriff Court, when Sheriff Neil Douglas found the charge against them not proven. He added: "It seems very strange that you should send out someone to investigate a matter such as this who hasn't the first idea what they are looking for".

Giving evidence, PC Andrew MacLeman conceded he knew little about the sport. He admitted he had no idea what bait might be used to attract different types of fish or that weights would be required to carry bait into the water when casting.

Community officer PC MacLeman had told the court that the men were dressed as fishermen and had rods assembled with lines extended and hooks attached.

But when asked what type of hooks had been used, he said he did not know and had not taken them as evidence as they "seemed quite dangerous".

The court heard that the accused had portable stools with them to sit on.

Asked by Mark Lovie, the defence agent, if he had ever seen salmon fishers using stools, PC MacLeman replied that he had no idea if they did or did not sit to fish.

It was alleged that Johnson and McKenzie had "attempted to fish for or take salmon" from the river at a spot 200 metres west of Milliken Road.

Both men denied the offence and claimed they had been coarse fishing on the day in question – for pike.

William Halliday, a water Bailiff and official of the Castle Angling Club, who raised the alarm, said signs had been erected on the riverbank stating clearly "No fishing without a permit".

He explained the club leased the fishing rights from the Crown Estates, paying 1,000 annually over a five-year period.

Anyone can fish on the river on purchase of either day permits or season tickets. An adult would pay 40 for one-year membership and a day permit costs 8.

He was concerned about illegal fishing and acts of vandalism on the riverbank and had asked teh police to pay particular attention to the stretch of water between Johnstone and Kilbarchan.

Sheriff Douglas concluded there had been "evidence of an attempt to fish for something", but held that there was insufficient evidence to prove the accused had been attempting to fish for salmon.