The Spanish fisherman summonsed to appear today before the Magistrates Court instructed a Gibraltarian lawyer last night and will not attend the hearing in person.

Under Gibraltar law, the fisherman does not have to attend court as long as his lawyer is there to represent him.

Francisco Gómez Elías had indicated earlier this week that he intended to appear before the magistrate.

But last night Patrick Canessa, his lawyer, told the Chronicle: “He won’t be coming to court today, I will be representing him.”

Mr Canessa indicated that he would be seeking an adjournment at today’s preliminary hearing.

Sr Gómez is the captain of the La Linea-based conch raker Divina Providencia and was handed the summons by the Royal Gibraltar Police at sea off the runway last August.

The Chronicle understands that the summons contains four allegations, including that he breached the Nature Protection Act by raking the seabed to harvest shellfish, a method of fishing banned in Gibraltar waters.

The second allegation is one of dangerous navigation relating to an incident on May 28, when the Divina Providencia was at the centre of standoff at sea involving the RGP and vessels from the Guardia Civil.

The last two counts on the summons are allegations of obstructing police on that same day.