Imported goods 'bona-fide'

Press, 28 August 1980, Page 8

Imported goods 'bona-fide'

The proprietor of an electrical goods shop in Hokitika, and his brother, who said in the District Court that a substantial quantity of electrical items which they brought home from Australia last year were for Christmas gifts for family members and friends, had their explanations upheld by Judge McAloon in a reserved decision given yesterday. When the case was heard last month the brothers, Raymond Bruce Smith, aged

28, an electrical appliance shop proprietor, and Stephen Garry Smith, aged 20, a forestry worker, had denied charges of importing goods without an import licence as required under provisions of the Import Control Regulations:

Raymond Smith denied three charges. They were that on November 21 he imported 21 items comprising cassette recorders, digital clock radios, car stereos, and radio cassette recorder,, altogether valued at $4581, without an import licence;

charges of importing by parcel post, on November 21 and January 17 items totalling $lll4 and $1257 respec-: tively, without a licence. Stephen Smith denied a charge of knowingly being concerned in the importation of 10 items comprising cassette recorders, clock radios, and radio cassette recorders, of a total value of $2126, without an import licence, on November 21. In his reserved decision yesterday’the Judge said he unhesitatingly accepted the defendants’ explanation, and

held that the goods involved were bona fide gifts for members of their family. However he convicted Raymond Smith on the first charge, and Stephen Smith on the charge against him, finding these counts proved in respect of four Sanyo radio cassette recorders brought home by Raymond Smith, and two recorders by his brother.

The Judge said that these items were valued at $ll3O each and were thus over the amount for bona fide gifts which could be imported without a licence. He fined each defendant $4O. The other two charges against Raymond Smith were dismissed. When the case was heard last month the Customs Department alleged that the defendants had imported the goods for resale in Raymond Smith's shop. The defendants, and the defence witnesses, gave evidence that the' defendants were in the habit of buying expensive gifts for family members and friends.

Gifts in the past had included a colour television set, washing machine, and refrigerator. Duty of $740 had been paid by the defendants on goods which they brought home, on their arrival at Christchurch Airport last November.