MercoPress. South Atlantic News Agency

British Foreign Office criticized in Falkland Court.

The Foreign Office in London was alleged to have adopted ?a political approach' when over-ruling a decision by the Director of Fisheries for South Georgia and South Sandwich Islands after he had intended to grant a lucrative long-lining fishing license to a Falklands registered Company, to catch Mero (toothfish), it was stated in Court in Stanley on Friday.

The allegation was made by Mr. David Vaughan Q.C. a lawyer acting for the Quark Fishing Company, which successfully brought an action against Russ Jarvis, the Director of Fisheries for the Governments of South Georgia and the South Sandwich Islands (SGSSI) after the failure of Quark to obtain a license for the current fishing season, and therefore losing an estimated US$ 2.88 millions in income.

Foreign Office First Secretary Mr Jarvis in addition to holding the title of Director of Fisheries for SGSSI, is also the Falklands Deputy Governor. He currently resides in Stanley, living in a house adjacent to that of Governor Donald Lamont who is Commissioner for South Georgia and the South Sandwich Islands.

The judge, Chief Justice James Wood, concluded that the Foreign Office had acted unlawfully in instructing Mr. Jarvis to withdraw the license to Quark. He suggested that the matter of the withdrawn license now be referred to the Director of Fisheries for SGSSI for him to re-consider. It is expected that Mr. Jarvis will now provide some form of fishing effort for the ?Jacqueline' otherwise it is envisaged that compensation will be awarded to the Quark Fishing Company.

Q.C. Mr. Vaughan quoted from a letter by the Falklands Attorney General who had written that the Director of Fisheries for SGSSI had been ?minded' to give the fishing vessel the ?Jacqueline' (formerly known as the ?Thunnis'), which is owned by Quark Fishing Company, a license, but had been over-ruled by the Foreign Office, who, the Q.C. alleged, had ?brought politics into conservation'.

The allocations for this season by the SGSSI Government saw the number of licenses awarded to Falklands registered vessels drop from 4 to 2, with ?foreign' Companies being granted the 2 which were ?lost' by the Falklands vessels.

Quark Fishing Company is jointly owned by the Spanish Company Freiremar (75.9%) and Michael Summers (25.1%) a Falkland Islands businessman who is also an elected member of the Legislative Council.

Mr. Vaughan, in outlining the case for his clients said that the fishing vessel ?Jacqueline' had in previous years met the conservation standards required by the Government of SGSSI and had been awarded a license in the years 199