A boat captain fined $10,000 for fisheries breaches will be refunded $8,000 after winning his appeal Thursday.
Jeffrey Jolly, 26, pleaded guilty to two counts of possession of prohibited apparatus last year and was fined $5,000 on each count.
Jolly paid the money to avoid spending one year in prison. However, he appealed Senior Magistrate Carolyn Vogt-Evans’ decision.
The Royal Bahamas Defence Force intercepted Jolly’s boat in the Cay Sal Bank and seized conch valued at $20,000 after they found an air compressor on board on June 20, 2019.
At the hearing, the Court of Appeal ruled that the magistrate exceeded her sentencing jurisdiction on the first count because the maximum fine for the offense is $3,000.
The court substituted a fine of $2,000 because Jolly pleaded guilty at arraignment and had no priors.
The three-judge panel quashed Jolly’s section conviction on the second charge, which alleged that he had an air compressor without a permit authorizing its use between August 1, 2019 and March 31, 2020.
Prosecutor Linda Evans conceded that Jolly did not commit an offense of this regulation since there was no closed season for conch.
As a result, the court ordered the fine money refunded.
Joseph D’arceuil represented Jolly at the appeal.