"MOONSHINE"

Auckland Star, Volume LXXV, Issue 60, 11 March 1944, Page 6

"MOONSHINE"

BOTTLES OF SPIRIT BREACH OF CUSTOMS LAW "You are one of the links in a vicious circle that is operating throughout the country in distilling, distributing and selling illicit liquor,' said Mr. J. U. Luxford, S.M., to John Patrick Behan, presser, of Metropole Building, Upper Queen Street, in the Police "Court late yesterday afternoon, in sentencing him to 12 months' imprisonment with hard labour on a charge laid under the Customs Act.

Behan, for whom Mr. I. J. Goldstine appeared, was charged with having an interest on February 11 in 12 bottles of spirits on which the full duty had not been paid. He was further charged with having in his possession on February 8 ot>-0 cigarettes which were uncustomed goods, and February 9 with being found in possession of uncustomed goods, 1260 cigarettes, cigars and confectionery, all manufactured in the U.S.A. Defendant pleaded not guilty to the first two charges but admitted the third charge.

"Most Damning Letter" Mr V. R. Meredith, who prosecuted for the Collector of Customs, led evidence showing that while waiting to interview the Collector of Customs concerning two cartons of American cigarettes found on his premises, a constable saw Behan attempting to destroy a telegram. The telegram contained information that.a carton was being railed to him from Wellington. A watch was kept on his shop by Sergeant ,T. L. Adams, who seized a carton containing 12 bottles of whisky after it had been delivered by a Railway Department truck. When police and Customs officers later searched Behan s premises a lengthy letter received from Wellington was found which indicated that Behan was interested in illicit liquor. "This is one of the most damning letters I have ever produced in any court," added Mr. Meredith.

The following are extracts from the letter which was read by Mr. Meredith: —

"Dear Jack, —I am enclosing a correct statement showing how we stand up to dale. This includes everything since we squared up last time you were down, it takes up quite a lot of my time and I can't get any c-artons or cases from the store, so will nave to buy them, i also pay transport to station and sometimes have to give the porter 10/ or so to get the stuff on the same day s train. As arranged by 'phone the arrangements will he 5/ per bottle or three cartons. . . Send a substantial amount then 1 can get in a stock and send each Monday, Wednesday and Friday. . . At present it means rushing around at tne last minute, also wires and phone calls. I can't always get hold of my crowd because sometimes they don't ring for two or three days. I don't know their address and they won't give it to me. . . As you may have noticed, they have improved the stuff quite a lot. . . It is clearer and no one can tell the difference from the real stuff. . . You should be able to get a bigger price for it because it's really first-class now."

In a statement made to a Customs officer, added Mr. Meredith, the defendant denied that he had ever sold whisky. He said it was legitimate draught whisky for his own consumption. He had asked a friend in Wellington to get it and send it to him. Behan explained that the cigarettes concerned in the first two charges had been left at his premises by Americans for safe keeping. Regarding the goods mentioned in the third charge Behan said they had been given to him.

"Must be Stamped Out" Mr. Goldstine submitted that no evidence had been brought to show that the whisky was other than imported whisky and that duty had not been paid on it. Counsel reminded the magistrate that American servicemen had gone to the Customs Collector and claimed the cigarettes as their property which had been left at Behan's premises.

After hearing Behan's evidence the magistrate intimated that he would convict him on all charges.

"I think the whisky was moonshine spirit—illegally distilled," said Mr. Luxford. "No one reading the letter sent to you can have the slightest doubt as to its meaning.- This class of business has got to be stopped, and I think that any court that fails to impose exemplary sentences in a case like this is failing in its duty to the community. Although you are convicted of an offence under the Customs Act, the whole matter goes much further. This class of offence must be stamped out."

On the first charge Behan was sentenced to 12 months' imprisonment, and on each of the other chargtes he was fined £25, in default six weeks' imprisonment, concurrently with the term of 12 months.