Fisherman Gyuala Plaganyi acquitted of ‘overweight’ abalone breach

Tim ClarkeThe West Australian
Camera IconGyula Plaganyi, an abalone diver who has previously survived a shark attack off of Rottnest Island, represented himself in court. Credit: Gyula Plaganyi/Facebook

An experienced abalone fisherman has been acquitted of charges that he breached strict guidelines surrounding fishing of the most expensive seafood in the world — with the unsuccessful prosecution proving very expensive for WA authorities.

In his underwater career, Gyula Plaganyi has battled the elements for years — including a close encounter with a great white shark off Rottnest which could have claimed his life.

But earlier this year Mr Plaganyi found himself in another fight for survival, accused of recording a catch of just over 64kg, after a dive off the coast of Hopetoun in April 2017.

Camera IconGyula Plaganyi was awarded $37,000 in costs, plus the $8000 raised by authorities when they later sold the abalone. Credit: Gyula Plaganyi/Facebook/Gyula Plaganyi/Facebook

Under WA’s strict management plan, commercial abalone divers must “accurately determine the weight of the abalone”.

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It was alleged that when Fisheries officers stopped him in the darkness to check the weight of the catch, the abalone Mr Plaganyi actually brought in weighed in at 76kg.

Mr Plaganyi represented himself at trial, saying that he stuck by his weights.

And the allegations that Mr Plaganyi was guilty of “carelessness and not nefariousness” were ultimately not proved, with magistrate Jennifer Hawkins dismissing the charges and awarding $37,000 costs.

On top of that, the money raised by authorities when they later sold the abalone, totally around $8000, was also repaid.

Camera IconGyula Plaganyia once had a close encounter with a great white shark off Rottnest which could have claimed his life. Credit: Gyula Plaganyi/Facebook/Gyula Plaganyi/Facebook

The key issue in Magistrate Hawkins’ decision revolved around whether there was water in the bags of abalone during the various weighing processes.

And after expert evidence was provided by Mr Plaganyi’s sister — CSIRO scientist Eva Plaganyi-Lloyd — the magistrate said she could not rule out that osmosis had occurred, which might account for the difference in weights.

She called Ms Plaganyi-Lloyd a “careful and detailed witness”. By contrast, the magistrate said she was not convinced by the reliability of the evidence of Fisheries officers Matthew Hillyard and Timothy Mitchell.

“Despite the method Mr Plaganyi used to weigh the abalone, which could be described as basic, I am not satisfied beyond reasonable doubt that the prosecution has proven that Mr Plaganyi did not accurately determine the weight of his abalone,” she wrote.

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