Car charges dismissed

Press, Volume CXI, Issue 32554, 13 March 1971, Page 3

Car charges dismissed

(N.Z. Press Association) . TAURANGA, March 12. 1 A charge against Robert Arthur Owens, of Tauranga, of conspiring to defraud the Customs of duty and sales tax by conspiring to bring a Mercedes Benz car into New Zealand as baggage, was dismissed by Mr B. S. Barry, S.M., in the Tauranga Magistrate’s Court today. Owens had denied a charge that between January 27, 1966, and December 14, 1967, at Tauranga and elsewhere, by conspiring with Molly Jean Hastie, Sydney James Hastie, Stanton Motors, Ltd, and Feodor Stanton, he had attempted to defraud Customs by conspiring that Mrs Hastie import the car as part of her baggage. Mr M. B. Horton, of Wellington, prosecuted for the Customs Department and Mr L. W. Brown, Q.C., of Auckland, with him Mr P. J. Trapski, of Tauranga, appeared for the defendant. The case was adjourned on February 19 after the prosecuting counsel had given his

opening address and evidence.! had been heard from two 11 witnesses. ’ After giving his decision, the Magistrate awarded the i defendant $lOO costs. I The Magistrate said he was 1 satisfied the charge had been 1 laid under the 1913 Customs ; Act and therefore was within the time limits. However, two 1 previous witnesses, Mr and Mrs Hastie, had both been most indignant when it was suggested that they had conspired to do anything illegal. As for a conspiracy, there had to be two or more persons conspiring to do an illegal act, Mr and Mrs Hastie had been adamant that they had taken every precaution to be within the letter of the law. The Magistrate said he could see no reason why a person should not agree to purchase a chattel some two! years in the future and pay the purchase price in advance.! His understanding of the law! was that the ownership of a chattel was transferred with] its delivery, irrespective of when*the purchase price was! paid. It appeared that the defendant had taken every precaution to see he was not breaching the law. He was satisfied there had been no attempt unlawfully to evade payment of

duty. There was an intention !to avoid lawfully the payment of duty.

Hunter Mackenzie Barnett,] collector of customs of the port of Tauranga, said in evi-

dence today that one of the major aspects of the investigation had been the use to which the car was put over-j seas. He agreed with Mr Brown that a car could be imported duty-free by a person who was out of the country for 21 months, used the car for 12 months and convenanted on his return not to sell the car for two years. He also agreed that if the duty was paid the car could be sold before the two years were up. However, the car must be the importer’s, property, he said. Answering a question from Mr Brown whether there | would be an illegality if the i money for the purchase of the ]car was advanced by another (person— Mr Barnett said that; | this depended on how the. (money was advanced.