Suspended jail sentence for $47,000 abalone theft
Monday, 29 September 2003

Two Victorian men and one South Australian man have been found guilty of various abalone related offences in the Adelaide Supreme Court.

Earlier today, Justice Gray sentenced Dale Anthony Lester, (26) from Torquay, Victoria to seven months imprisonment, suspended upon entering a three-year good behaviour bond. A condition of the bond is that Lester cannot fish in South Australian coastal waters or possess any diving equipment within 500 metres of the high water mark within that time. He was also fined $15,000.

Lester had recently been given a minimum six-month jail term changed on appeal to a nine-month suspended jail sentence for similar offences in Victoria.

Late last week, co-accused Phillip Christopher Green (38) of Brighton, Victoria was placed on a three-year, $500 good behaviour bond. Conditions of the bond included that Green refrain from fishing in South Australian coastal waters and that he not possess any diving equipment within 500 metres of the high water mark. He was also fined $5,000.

A third man, Shane Neville Braithwaite (27) of Camden Park was given a ten-month suspended sentence and place on a two-year good behaviour bond in July 2001. Braithwaite was also ordered to undertake 320 hours community service.

The penalties resulted from a week long undercover operation conducted by Primary Industries and Resources SA Fisheries Officers in November 2000, which saw a quantity of illegal abalone traced from west of Port Lincoln to metropolitan Adelaide.

At the time, approximately 400 kilograms of abalone (1486 black lip, 1369 green lip) valued at more than $47,000 plus two vehicles were seized by Fisheries Officers at a property on Anzac Highway, Camden Park. It is believed the abalone had been destined for interstate markets.

Manager Compliance Operations, Ms Helen Croft said she was pleased that the Court had acknowledged the severity of this type of crime.

“Lester has proven himself to be a repeat offender and for criminals like him, strong penalties are the only way to create an effective deterrence against any illegal activity,” she said.

"The successful outcome of this operation sends a clear message to any fish thieves who might see South Australia's abalone stocks as an easy target."