Crown appeals Docherty acquittal in fish kill case

Federal Crown prosecutors are appealing a recent court decision that cleared well-known P.E.I. farmer Alex Docherty of a chargerelated to a fish kill.

Docherty, his son, and their business Skye View Farms were found not guilty in early July.

The judge ruled fisheries officers failed to get search warrantswhen they went on his property.

The charge stemmed from a fish kill on the Clyde River three years ago. Skye View Farms, in Elmwood, was charged with permitting the release of a substance deleterious to fish.

The appeal is asking the P.E.I. Supreme Court to set aside the acquittal and order a new trial.

Prosecutors claim the judge made a mistake in her interpretation of the Canadian Charter of Rights and Freedoms on the search warrant question.

The case hasbecome a rallying point for frustrated Island farmers, who have arguedfarmers are unfairly targeted in the enforcement ofenvironmental law.

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