Video man convicted

Press, 29 May 1982, Page 4

Video man convicted

PA Auckland An Auckland businessman has been found guilty of charges that arose from an attempt to import $1 million worth of video games. Nigel Bennallack, said to - be overseas, was convicted by Judge Mac Lean in a reserved decision in the District Court at Auckland. The question of penalty was adjourned until June 3. Counsel, Mr Roger Maclaren, said that the question of penalty was "somewhat academic,” as Bennallack was overseas and his company was "probably insolvent." The Judge ruled that Bennallack was fully aware of the nature of the goods that he was importing, and knew

that the import licence held by his company, Intermarket Result. Ltd, did not cover video games. The company was charged under the Customs Act with smuggling goods valued at $1,044,415, and with making an erroneous entry for the goods. It was also charged, under the Trade and Industries Act, with importing unlicensed goods. Bennallack, aged 40. of Remuera, was charged that, as a director of the company, he knew of the offences and consented to them. The Judge said that he had seen a video game. It was a cartridge, placed in a machine connected to a television set, which enabled games to be played on the

screen by using the machine’s controls. Mr Bennallack's company had been granted licences to import video cassette recorders and blank video cassettes. Expert witnesses told the court that the game machine would not record anything and could not. in their view," be termed a video recorder. Three witnesses for the defence gave a 'different view, but in his decision the Judge said that he was satisfied the method of assembly of the device created a game. He concluded that the defendant's licence did not cover the goods, and that Bennallack did not have an honest belief that it would.