Magistrates' Court heard yesterday.

Stephen Cabral made the comment about Fisheries Warden David Vallis, lawyer Mr. Timothy Marshall suggested.

Cabral, 40, of Mariner's Lane in Pembroke, is charged under the Fisheries Act with fishing in a protected area.

Vallis was aboard a Fisheries boat that apprehended Cabral's Sea Scorpion 3 at 1.30 p.m. on August 12. Court was told Cabral's boat was inside the Southwest Protected Area, where fishing was not allowed.

Hugh Davidson, a temporary Warden who worked for the Department of Agriculture and Fisheries last summer, said Cabral claimed he was fishing for robins -- small fish often used as bait -- when officials approached.

Cabral said other fish on board were ones he caught the day before. Vallis told Cabral to cut his mooring line and bring his boat and lines in, Davidson told court.

"Are you aware there is a history of animosity between David Vallis and Mr.

Cabral?'' Mr. Marshall asked Davidson.

Davidson said he was not.

"Do you recall (Cabral) saying (to Vallis) : `You've got a vendetta against me?''' Mr. Marshall asked.

Davidson said he did not.

Davidson said he used a hand-held compass and sight bearings like the Gibb's Hill Lighthouse to determine that Cabral's boat was in the Southwest Protected Area.

A depth sounding showed a depth of only 26 fathoms, further proof that Cabral was in the restricted area, he said.

The area was mainly intended to protect the spawning of hinds, a type of reef fish and a member of the grouper family, he said. But all fishing was prohibited there.

There were three people aboard the Sea Scorpion . Three or four hand lines and a couple of lines from rods were in the water. Judging from the movement of one line, Cabral had hooked a large fish, Davidson said. The line was being stripped from his hands.

"He asked Vallis what he should do with the line. Vallis said words to the effect of, `Cut it off.'' Cabral cut the line and he never actually saw the fish, Davidson said. The Fisheries vessel followed the Sea Scorpion to the Boaz Island gas station, where officials took the names and addresses of those aboard.

From there, the two boats went to the US Naval Annex, where photographs were taken of fish that were aboard Cabral's boat.

The Fisheries officials were at Coney Island near St. George's when they received a tip about the alleged infraction, Vallis told court.

He told Cabral to "pull his lines in,'' drop anchor and proceed to shore, he said. Vallis also told Cabral "that I was seizing his boat.'' Cabral said he had a big fish on one of his lines, Vallis said. Contradicting the earlier testimony of Davidson, the veteran Fisheries warden said he told Cabral to pull the fish in, not cut the line as Cabral did.

The boat was later turned over to Marine Police.

A speckled hind was among a large number of fish taken from a holding box aboard Cabral's boat, Vallis said. The fish, which were on ice, had not been cleaned and did not smell, he said. "I would say they were recently caught.'' When the case was adjourned until March 8, Vallis had yet to be cross-examined by Mr. Marshall about Cabral's allegation of a vendetta.

The case is being heard by Magistrate the Wor. Charles-Etta Simmons. The prosecutor is Crown Counsel Mr. Melvin Douglas.