Government has successfully appealed a June Supreme Court decision that would have required the Environment Ministry to pay two local fishermen nearly $50,000.

On June 27, Puisne Judge the Hon. Mr. Justice Meerabux had ruled that the Ministry was wrong and unfair to deprive the fishermen of cash payments for closing down their fishpot business.

The two men, Mr. Eugene Barnes and his son Michael, had been informed in a 1990 letter from the Ministry that they were both entitled to a total of $49,525.

In March of that year, then Minister the Hon. Ann Cartwright DeCouto had closed down the Island's fishpot industry. As a matter of Government policy, all licensed fishpot users were offered money on the basis of how many pots they were allowed to use.

After its initial offer, however, the Ministry alleged that Michael Barnes had been hauling more than his legal limit in pots and had therefore annulled their right to the payment.

Mr. Barnes' lawyer responded that his client was simply helping other fishermen haul in their pots.

The Barnes' licence allowed for the use of no more than 30 pots.

When the matter was taken to the Supreme Court, Mr. Meerabux ruled in the Barnes' favour, noting that the father and son had never been "charged or convicted of any offences under the Fisheries legislation'' and were consequently "treated differently (by the Ministry) to other fishermen.'' On Wednesday, however, a panel of three Appeal Court judges overturned that decision by allowing the Ministry's appeal. Reasons for the decision will be provided at a later date.

During the course of the appeal, English lawyer Mr. Michael Tugendhat QC argued on behalf of the Crown that the Ministry was under no legal obligation to provide an ex gratia payment and that the fishermen had failed in their own obligations to the Crown by violating the terms of their license.

"Fairness is not a one-way street,'' he said. "If Mr. Barnes had honoured his obligation under the law, we wouldn't be here.'' He added that Ministry officials had actually observed Michael Barnes using more pots than he was legally entitled to.

Eugene and Michael Barnes, meanwhile, have consistently denied that they broke the conditions of their license and have pointed to the fact that they have never been charged with a fishing violation as proof.

They were represented in the matter by Mr. Kieron Unwin of Mello, Hollis, Jones and Martin.