COMMUNICATOR CAPTAIN CHARGED
The Ipswich Evening Star for 5th September 1986 covered the case against former Laser skipper, Patrick Paternoster, 46 of Holbrook Road, Ipswich, who was the master of the MV Communicator when it was brought into Harwich last year, Ipswich magistrates were told. At an earlier hearing Paternoster had denied carrying wireless telegraphy equipment or having reason to believe it would be used for broadcasting from the high seas. Magistrates however decided there was a case to answer, Paternoster was charged under the Marine Offences Act, Michael Lane, defending claimed that the MOA had been superseded by the EEC treaty which prohibited discrimination on the ground of nationality, when Britain joined the EEC in 1972 and courts in this country were obliged to take Community law and legislation into consideration. "English courts must give precedent and primacy to EEC law where there is a conflict between it and UK law" said Mr. Lane "The rights of the Community must be extended to British subjects. This court has no choice but to acquit the defendant". Mr. Nicholas Paines, prosecuting, said that the EEC Treaty was intended to prevent member nations discriminating against foreigners, but was not aimed at preventing action against its own nationals. Paternoster was found guilty and fined £150.