When a Letterbreen fisherman was detected by water bailiffs using a net in fresh water to catch eels he became aggressive and threatened to kill one of the bailiffs, Fermanagh Magistrates Court has heard.

Fifty-five year old George Robert Farrell from Gardrum Road, Gardrum, Letterbreen also faced charges of using a fishing engine without a permit, assaulting three water bailiffs, threatening to kill Leo James McKenna and possession of an offensive weapon, namely a brown handled knife.

The defendant was sentenced to a total of four months in prison by Resident Magistrate Liam McNally.

The court heard that on 27th August last year officials from the Department of Culture, Arts and Leisure were on Upper Lough Erne investigating eel fishing, which is not that common explained Kevin Murnaghan, solicitor for the Department.

Mr Murnaghan explained that eels remain in the Lough system for up to 11 years before leaving to spawn and that they don't return although their spawn do. If fish are moved before they leave to spawn this will have a knock-on effect on the stocks of eels in Lough Erne.

Mr Murnaghan explained that the Belle Isle area, where this incident took place, is one of only two places eels can pass through from upper to lower lough so eels are trapped.

The court heard the defendant had a licence to use a net but had no permit to use it in this place.

Mr Murnaghan explained that on 27th August the bailiffs saw the defendant and another party setting nets but the nets weren't marked.

On the second occasion, on 4th September, the patrol found nets at a similar location - in the Belle Isle area - and decided to wait.

An officer waited with a camcorder and, at 3.00pm, the defendant was observed checking the nets and removing eels from them.

Two officers approached the defendant and as they moved closer to his boat he threw eels overboard. After being cautioned the defendant said he was only after 'a few for my tea'.

The defendant then told the men, 'you're a crowd of f****** bastards' and took off in his boat with Mr McKenna, one of the bailiffs, in his boat.

The defendant twice turned his boat and drove towards the bailiffs boat. In the boat the defendant raised a grappling hook above his head in a threatening manner towards Mr McKenna.

Later, the defendant took a knife from under the seat of the boat and approached one of the other officers in a threatening manner.

The defendant tried to snatch the camera from one of the men and told them 'I hope you have your house insured?'. He later calmed down.

Because of the serious nature of the incident the police were informed and they received records from a fish dealer who received a number of deliveries of eels around this time from the defendant. Despite the defendant having a licence for a net the court heard there are only six eel fishing licences on Lough Erne and no new ones are being issued.

Miss O'Hare, a solicitor for the prosecution service, told the court the defendant attended for interview on 10th September and admitted he was in the Belle Isle area but denied threatening to kill anyone or having a weapon. He claimed it was the fisheries officers who were abusive.

Defending, Mr Mooney, BL, said there was no infliction of physical force in this case but said the offences were shameful and very, very serious.

Regarding the possession of an offensive weapon Mr Mooney said the grappling hook and knife were for legitimate purposes although the barrister admitted they had been used for unlawful purposes. Mr Mooney asked the Magistrate to view this as a total loss of temper.

Sentencing, Resident Magistrate Liam McNally said the fishing regulations were there to preserve the fishing stocks of Lough Erne. He told the defendant he had done this for commercial profit and had done it in a 'premeditated and organised way to line your pockets'.

Mr McNally said people who are engaged in enforcing the legislation rely on the courts for protection. The Magistrate recognised that people who are caught by civilians get aggravated and think they can bully their way out of it.

Mr McNally told the defendant he used violence against water bailiffs and for all the offences he sentenced him to a total of four months in prison. He was also fined £300 for using a fishing net and £500 for use of a fishing engine and net without a permit.

Bail was fixed for an appeal.