NSW Police ordered to pay $1.89m in legal costs after fishing trial collapses
NSW Police must pay nearly $1.9 million in legal costs after a major abalone trafficking case against seven men collapsed due to critical evidence issues.
In a significant legal development, NSW Police have been ordered to pay approximately $1.89 million in legal costs following the collapse of a major abalone trafficking trial. The case involved seven men, six of whom were native title claimants, charged with trafficking blacklip abalone, a case that marked the largest prosecution against Indigenous cultural fishers in decades. Despite the serious nature of the charges, all prosecution actions were withdrawn as of January, leading to substantial financial implications for the police force.
Court documents have indicated that NSW Police pursued these charges for nearly two years, even while being aware of crucial evidence disclosure issues that undermined their case. The collapse of this prosecution not only raises questions about the validity of these charges but also places a spotlight on the practices of police in handling evidence against Indigenous communities. The fallout from this case has sparked criticism from cultural fishing rights advocates, who are urging the NSW government to officially cease all prosecutions against individuals holding native title rights in such cases.
The implications of this ruling extend beyond legal costs; they challenge the systemic approach taken by law enforcement regarding cultural fishing rights. Advocates argue that the prosecution highlighted a broader issue regarding resource rights for Indigenous peoples, and they are calling for legislative changes to protect these rights. As the future of fishing prosecutions remains uncertain, this incident may prompt a reevaluation of policies affecting Aboriginal and Torres Strait Islander fishing rights on the New South Wales south coast.