Manuel Lavadores Roman and Juan Francisco Alonso, as masters of two Spanish fishing vessels, were charged with illegally entering upon the Grand Banks of Newfoundland on two separate days in June, 1985. On the occasion of June 5th, both were also charged with illegally fishing within these waters. While there was no accusation of fishing on June 18th, the day of the second alleged incident, Captain Roman, the master of the Spanish trawler Albero, was charged with wilful obstruction of one Anthony Dunne, a fisheries protection officer, in the course of his duties.

All of these charges proceeded by way of indictment and were tried in the Provincial Court sitting at St. John's. Seabright Prov. Ct. J. dismissed all charges and the Crown now appeals his decisions. Grounds of appeal pertinent to the June 5th charges

Counsel for the Crown contended the learned trial judge erred in his findings relative to the June 5th charges in the following material respects:

1. in considering a conjectural possibility that the Aurora's navigational equipment was not providing reliable data on June 5, 1985;

2. in misapprehending evidence by concluding the time and locations of the Spanish trawlers were not recorded immediately and thus impugning the reliability of the recorded data on June 5, 1985;

3. in finding there was no evidence of fishing on June 5, 1985; 

Response of counsel for the respondents by way of a general comprehensive rejoinder to these three grounds of appeal, as well as to appeal against dismissal of the June 18th charges, counsel for the Spanish captains maintained all are lodged upon findings of facts by the trial judge. Since s. 605(1)(a) of the Criminal Code restricts Crown appeals from acquittal at trial in proceedings by indictment to questions of law alone, he argued the entire appeal is not maintainable and the Crown is in fact seeking to retry the facts.

Counsel for Captains Roman and Alonso also contended that the 

Manuel Lavadores Roman and Juan Francisco Alonso, as masters of two Spanish fishing vessels, were charged with illegally entering upon the Grand Banks of Newfoundland on two separate days in June, 1985. On the occasion of June 5th, both were also charged with illegally fishing within these waters. While there was no accusation of fishing on June 18th, the day of the second alleged incident, Captain Roman, the master of the Spanish trawler Albero, was charged with wilful obstruction of one Anthony Dunne, a fisheries protection officer, in the course of his duties.

All of these charges proceeded by way of indictment and were tried in the Provincial Court sitting at St. John's. Seabright Prov. Ct. J. dismissed all charges and the Crown now appeals his decisions. Grounds of appeal pertinent to the June 5th charges

Counsel for the Crown contended the learned trial judge erred in his findings relative to the June 5th charges in the following material respects:

1. in considering a conjectural possibility that the Aurora's navigational equipment was not providing reliable data on June 5, 1985;

2. in misapprehending evidence by concluding the time and locations of the Spanish trawlers were not recorded immediately and thus impugning the reliability of the recorded data on June 5, 1985;

3. in finding there was no evidence of fishing on June 5, 1985; 

Response of counsel for the respondents by way of a general comprehensive rejoinder to these three grounds of appeal, as well as to appeal against dismissal of the June 18th charges, counsel for the Spanish captains maintained all are lodged upon findings of facts by the trial judge. Since s. 605(1)(a) of the Criminal Code restricts Crown appeals from acquittal at trial in proceedings by indictment to questions of law alone, he argued the entire appeal is not maintainable and the Crown is in fact seeking to retry the facts.

Counsel for Captains Roman and Alonso also contended that the navigational systems on the trawlers were more reliable than, and refuted the results of, the Aurora's findings. Furthermore, he maintained the evidence indicated the Spanish captains exercised due diligence to maintain positions outside the fishing zone on  June 5th and were thereby safeguarded from any liability should their ships have inadvertently wandered inside.

Manuel Lavadores Roman and Juan Francisco Alonso, as masters of two Spanish fishing vessels, were charged with illegally entering upon the Grand Banks of Newfoundland on two separate days in June, 1985. On the occasion of June 5th, both were also charged with illegally fishing within these waters. While there was no accusation of fishing on June 18th, the day of the second alleged incident, Captain Roman, the master of the Spanish trawler Albero, was charged with wilful obstruction of one Anthony Dunne, a fisheries protection officer, in the course of his duties.

All of these charges proceeded by way of indictment and were tried in the Provincial Court sitting at St. John's. Seabright Prov. Ct. J. dismissed all charges. In dismissing the charges of June 5th, the learned trial judge concluded a reasonable doubt existed whether the Spanish trawlers were within Canadian fisheries waters. While this finding rendered redundant the charge of illegal fishing, it is noteworthy that the trial judge observed there was no evidence that anybody saw the Albero ready to fish or prepared to fish, notwithstanding that it was admitted and common ground that both ships had been fishing on June 5th.

The learned trial judge grounded this reasonable doubt on the entry of the trawlers upon his deducing that because Crown witnesses testified conditions during the day in question were suited to good operation of the Aurora's. navigational equipment, this connoted that there were times when it may not be working. Hence he discounted its reliability that day.

Furthermore, the trial judge interpreted the evidence as indicating positions were not recorded in the navigational record immediately and, thereby, implied there was scope for error in this evidence of the Crown. Moreover, he concluded the Spanish captains observed due diligence in their navigation and having taken all reasonable precautions were freed from any culpability.