By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

A GOVERNMENT bid to keep a foreign vessel seized in an undercover fisheries operation has failed, with a Supreme Court judge dismissing an appeal last week and ordering the boat returned to its owner.

Justice Andrew Forbes rejected a stay application filed by Attorney General Ryan Pinder and the Ministry of Agriculture, which sought to keep the sports fishing vessel Highly Migratory impounded. The vessel, seized in January during a joint Bahamian–US operation, had been stored at Bradford Marine in Grand Bahama at a cost of $3,000 a month.

In a July 1 ruling, Justice Forbes ordered the $750,000 vessel released to its owner, Florida businessman Mark Tsurkis, once he posted a $100,000 bond, the maximum fine that could be imposed if the vessel or its occupants are ultimately convicted of violating fisheries laws.

The government appealed that decision, but Justice Forbes on September 3 dismissed the move, finding that granting a stay would unfairly deprive Mr Tsurkis of the use of his property. He said the government would not suffer hardship from the release, and stressed that the seriousness of the alleged offences was not a factor in determining whether a stay should be granted.

Government lawyer Patrick Sweeting had argued the court erred in releasing the vessel on bond, insisting there was a strong chance of success on appeal and that Mr Tsurkis would face no prejudice if the boat remained in custody.

Mr Tsurkis countered that the seizure had severely impacted his business, noting that he is a married father of four with two young children. He argued he had not been charged with any crime and that his vessel posed no threat to The Bahamas, adding that the boat was lawfully permitted in Bahamian waters. He also contended that returning the vessel would not hinder any trial, as there was no need for it to serve as evidence.

Mr Tsurkis said a firearm discovered on board when the vessel was seized on January 27 in West End, Grand Bahama, belonged to Matthew Logman, one of three men charged in connection with the incident.

Logman, 25, of Sunny Isles Beach, along with Reel Sheikh, 42, of Hollywood, and Evan Bacallao, 42, of Cutler Bay, were accused of engaging in commercial fishing without a licence, using a fishing vessel without a licence, and possessing an unlicensed firearm and ammunition.

Mr Tsurkis, who was not on board at the time of the seizure, was never charged. He was represented by K Brian Hanna.