By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A charter operator branded a judge’s refusal to halt the release of a foreign vessel, which he helped apprehend for alleged fisheries violations, “unfortunate” and blasted: “This was a complete slam dunk case.”

Jeremy Wong, a 20-year industry veteran who operates Spanish Wells-based Black in Blue Charters, told Tribune Business it was “refreshing” that the Government had mounted an ultimately unsuccessful last-ditch appeal to prevent the release of Highly Migratory, a boat seized in an undercover operation, as it showed it was taking the protection of The Bahamas’ resources and businesses seriously.

However, he voiced fears that Justice Andrew Forbes’ decision not to halt the vessel’s release and return to its US owner will “send a message” to other potential violators of this country’s fisheries laws and regulations” that you can come to The Bahamas, blatantly break the laws and if you have a lawyer you’ll be fine”.

Asserting that “we need to send a message once and for all to make people think twice”, Mr Wong revealed that since his involvement in Highly Migratory’s apprehension became public he has received “silly threats” from other persons in Florida asserting that what he had done was “horrible” and that he will have to “watch your back”.

But, undeterred, he told this newspaper that he is “not going to lose any sleep” over either Highly Migratory’s release or the threats and plans to “be an obstacle for people doing illegal charters in The Bahamas as much as possible”.

Mr Wong spoke out after Justice Forbes, in a September 3, 2025, verdict, rejected the Attorney General’s Office’s bid to persuade him to stay, or halt, his previous ruling that the Highly Migratory be released provided certain conditions were met - in particular, the payment of a $100,000 bond or security by its owner, self-described Florida businessman Mark Tsurkis.

The bond was equal to the maximum $100,000 fine that can be imposed if the vessel and its occupants are ultimately found guilty of the claimed breaches. And, given the boat is purportedly valued at $750,000, and it was costing the Government $3,000 per month to store it at Grand Bahama’s Bradford Marine, Justice Forbes signalled its release from detention made commercial and financial sense.

However, David Whyms, who described himself as the “principal legal advisor” to the Government on legal proceedings “for and against” the Bahamian state, asserted in an affidavit that Justice Forbes had “erred” in permitting the Highly Migratory’s release subject to the conditions he had set.

Mr Whyms argued that the “seriousness of the charges” involving Highly Migratory and its crew meant the Government parties, namely the Attorney General and minister of agriculture and marine resources, had “a duty to appeal” the vessel’s release. And he asserted that the Government had a good chance of winning both the appeal and the merits of the case.

Yet Mr Tsurkis, who was not on board when his boat was seized, nor is a party or named defendant in the Bahamian court proceedings, countered in his own evidence that “the vessel poses no threat to The Bahamas; it was permitted to be in The Bahamas”.

He added that the firearm found by the Bahamian authorities was discovered on the person of Matthew Logman, one of the crew members, and “there was no agreement that the vessel would be detained as a result of the plea”. Mr Logman had also paid the necessary fines associated with the plea deal with prosecutors.

Mr Tsurkis further added “that without the vessel his business would suffer great hardship”, asserting that “he has a right to his property nor is he a party to any criminal proceeding”. Justice Forbes agreed with these arguments, finding that to halt or “stay” his earlier verdict - and the boat’s release - would deprive the US businessman of “the fruits of his labour; in this instance, the vessel”.

“The intended appellant has not satisfied the court that it would be in such ruin nor hardship as a result of this judgment,” the judge said of the Government. “The court does note the seriousness of the matter. However, the seriousness of the alleged crime is not a consideration for a stay of execution.”

Justice Forbes also determined “there is no evidence that the appeal would be rendered nugatory in the absence of a stay” as the Highly Migratory could either be returned to The Bahamas “or damages can reasonably be recovered upon a successful appeal” even though Ms Tsurkis is a US citizen and not resident in this nation. He conceded that extra steps may need to be taken to collect on any damages”.

Mr Wong, though, took issue with several aspects of the evidence placed before the Supreme Court. While agreeing with Mr Tsurkis that the Highly Migratory had permission to be in Bahamian waters, he argued that this was not the problem but, rather, the fact that the vessel was operating as a commercial fishing and charter boat without the necessary permits and approvals.

And the Bahamian charter operator asserted that the US businessman, despite not being named as a defendant or party in the Bahamian court proceedings, had to have been involved in and known what was happening based on postings he had taken screen shots of from his website and social media pages.

Praising the Government for taking a stand, Mr Wong said of the failed bid to obtain a stay to the vessel’s release: “It was refreshing to see the Bahamian government is taking this seriously and wants there to be some sort of protection for Bahamian businesses and resources but it’s unfortunate, on the other hand, that our magistrates and judges, they just cannot see beyond their opinions.”

Suggesting that Justice Forbes’ decision seemed to be based on “opinion”, rather than law, he argued that the Highly Migratory case should have been brought before the court much quicker for a full hearing on the merits of the case following the vessel’s seizure on January 27, 2025.

“I would say at least let’s have the full case heard on its merits and come back with a ruling that can lead to recourse against the offender,” Mr Wong argued. “This has been going on long enough. They had a chance to have this case heard in court...

“I think at the very least in this situation they should have had some way to expedite a final hearing on this matter. Let’s lay the facts on the table, address the infractions that were charged. If you cannot get grounds on that, give the man his boat back. We’re never going to see the man again now he’s got his boat back.

“This was a complete slam dunk case. He [Mr Tsurkis] was involved, his company was involved. His postings on his website and social media, I had screen shots of them. There’s no way he was not complicit in this. It was his operation and his employees,” Mr Wong continued.

“In the meantime, I’m getting silly threats from people in Florida.. ‘it’s a horrible thing what you did, you’ve got to watch your back’. It’s the type of people involved in this that makes me sick. It’s why we need to send the right message. We need to send the right message once and for all to make people think twice.”

Suggesting that this has not been achieved, Mr Wong told Tribune Business: “It’s unfortunate, but I’m somewhat encouraged by the fact the Bahamas government is taking it seriously enough itself to try and stay the ruling. 

“I’m not going to lose any sleep over it. I know we made this man’s [Mr Tsurkis] life miserable for a period of time. I don’t think it will be enough to deter people from doing this, but it’s a step in the right direction. I’ll stay the course and try and be an obstacle for other people doing illegal charters in The Bahamas as much as possible.”

The Highly Migratory was seized on January 27, 2025, following an operation that was heavily publicised by Bahamian law enforcement authorities just days later at a press conference featuring Jomo Campbell, minister of agriculture and marine resources, and Gregory Bethel, director of marine resources.

The operation, which involved the Customs Department, the Royal Bahamas Defence Force, the Royal Bahamas Police Force, the Department of Marine Resources and WildAid, a marine enforcement organisation, was held up as an example of this country’s renewed intent to crack down on vessels who violate Bahamian fisheries laws.

Mr 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.