A self-declared “prince” of a bunch of islands off Western Australia has been fined $4,600 for eight offences, together with accessing protected waters surrounding what he claimed to be a “micronation”.
Key factors:
- Fisherman Kristin MacDonald was accused of accessing infrastructure and guarded waters with out consent
- He was discovered responsible on eight of 17 expenses, and acquitted on 9
- The Justice of the Peace stated MacDonald’s jurisdictional arguments didn’t make sense and didn’t provide him safety
Kristin Rodney Donald MacDonald acquired the high-quality in the Geraldton Magistrates Court docket after convictions on eight expenses introduced by the Division of Major Industries and Regional Growth.
Within the verdict handed down on Wednesday, MacDonald was acquitted of 9 expenses, which adopted a four-day trial earlier this 12 months during which he represented himself.
He had pleaded not responsible to 17 expenses, together with travelling with out discover to the Abrolhos Islands, a protected fish habitat off Geraldton, unlawfully utilizing a jetty, failing to adjust to instructions by fisheries officers, and operating a constitution fishing tour with no license.
Many of the alleged offending was stated to have occurred on Uncle Margie Island inside the Abrolhos Islands.
Entry to the archipelago is carefully monitored.
Through the trial, MacDonald offered the Justice of the Peace with a lever arch file containing a whole bunch of pages questioning the jurisdiction of the court docket to listen to the costs.
The file contained historic laws, a petition to Queen Elizabeth II to “return the safety to the folks”, and claimed the Commonwealth of Australia was a personal firm.
Justice of the Peace Heidi Watson thought of what she referred to as MacDonald’s “jurisdictional” arguments, however stated they confirmed a “gross misunderstanding” of the legislation and had beforehand been rejected by the Supreme Court docket.
Nevertheless, as Justice of the Peace Heidi Watson went by way of her prolonged choice, she discovered that the prosecution had not satisfied her past cheap doubt on plenty of expenses.
She additionally didn’t convict MacDonald on any expenses referring to his use of the jetty, as she stated he truthfully believed a part of the jetty belonged to him.
The prosecution urged the Justice of the Peace to contemplate deterrence, saying MacDonald’s offending had proven a “deliberate and flagrant try” to undermine the division’s administration of the islands.
Prosecutors sought prices of $27,000 for the case, which they stated at instances had three solicitors engaged on it.
Additionally they sought an software to ban MacDonald from going again to the island for 2 years.
‘What I did was unsuitable’
Talking forward of his sentence, MacDonald stated his psychological well being had been a problem on the time and he had felt threatened by fisheries officers.
“I do know what I did was unsuitable clearly,” he stated.
“I do not perceive the legislation clearly.”
Justice of the Peace Watson believed he was now clearer on the legislation, and that the jurisdictional arguments he made didn’t make sense and didn’t provide him safety.
Justice of the Peace Watson stated the Abrolhos Islands have been a wonderful a part of the world with many advantages to defending it.
“Folks must know they can not flout the legislation … the best way they know that’s once they hear of what folks do … that they hear of the penalty they usually suppose twice about doing it themselves,” she stated.
She dismissed the prohibition software and ordered MacDonald pay $4,000 in prices, noting she had by no means had the prosecution search prices in opposition to a self-represented individual the place they’d been acquitted of expenses.
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