A fisheries analyst has been discharged without conviction after admitting fishing without a licence and providing false information to an Otago Fish and Game Council ranger.
Michael Cowlin (32), of Lake Hawea, had earlier admitted the two charges following an incident at Lake Hawea on September 26 last year. The Queenstown District Court heard this week Cowlin had taken his partner to Lake Hawea to teach her how to "thread-line".
Defence counsel Sonia Vidal said the woman believed her partner had a family licence allowing them both to fish.
However, when a ranger asked about her licence and she became ‘‘doubtful’’, Cowlin provided false information on the "spur of the moment".
"It was certainly, by no means, about cheating the system."
Cowlin had since written a letter of apology to the Fish and Game Council and acknowledged his wrongdoing.
"The consequences ... given this man’s profession, years of study he’s done and specialised field he’ll need to work in do significantly outweigh the criminality of the offending on this occasion," Ms Vidal said.
Cowlin had previously worked for the Ministry of Fisheries and Ministry of Primary Industries.
Any future employment prospects with them, as well as the Department of Conservation or the Cawthron Institute, would be in doubt should a conviction be entered.
On behalf of the council, lawyer Liam Collins said Cowlin deliberately misled the officer and, but for that person’s actions, Cowlin would have got away with it.
The officer, who had some concerns, noted Cowlin’s car registration and later tracked him down.
"This is a dishonesty offence [and] it’s a system, really, set up on honesty."
Judge Mark Callaghan said the legislature made it clear the charges were serious — the lead charge carried with it a maximum penalty of one year’s imprisonment and/or a $100,000 fine.
Cowlin had a first-class degree in science, specialising in marine biology, and had worked in the sustainable utilisation of New Zealand’s fishing resources.
A conviction would mean his future employment options would become "narrow".
While he had no previous convictions and the effects were real and appreciable, Cowlin’s actions were "rather foolish", the judge said.
"The fact that you went fishing without a licence to begin with is, in my view, something akin to you taking a chance ... that you would not be caught.
"You would have been aware for the need for a licence."
Ultimately, however, he was "only just" convinced to exercise his discretion and grant the discharge, contingent on him paying $2000 compensation to the Fish and Game Council within seven working days.
