Customs officers’ actions defended
PA Auckland A High Court judge’s statement that customs officers knowingly manipulated their powers to acquire evidence which otherwise would have been unobtainable was rejected yesterday by the Collector of Customs in Auckland, Mr Michael Spong. “It would be quite stupid for an officer knowingly to manipulate the law to obtain a confession which would clearly not stand the test of the courts,” he said.
Mr Spong was commenting on a decision in the High Court in Auckland yesterday by Mr Justice Casey which disallowed evidence against a couple accused of importing drugs. His Honour said that section 213 of the Customs Act
authorised only a search of body cavities by medical practitioners. He concluded that the detention to enable questioning and interrogation by police and customs officers was unlawful.
Mr Spong said Mr Justice Casey had identified a gap in the law. Customs and police officers were ensuring that all appropriate powers existed to discover the illegal importation of drugs and bring offenders to justice.
“We have found through our experience that the carriage of, in some cases, large quantities of drugs sealed inside contraceptives and either swallowed or inserted in body cavities is a very popular method of smuggling,” he said. “Our experience has shown that offenders have
retained quantities of drugs within their bodies for several days. “All customs officers involved •in this work are totally dedicated and act at all times with the greatest integrity. “In this case, the customs officers were following laiddown departmental procedures — procedures which the department put in place as its interpretation of the law.
“If, in the long run, it is shown that the law was not wide enough, this represents a genuine misinterpretation by the department and not by its officers at the work face.”
Auckland’s deputy police commander, Deputy Assistant Commissioner E. G. Perry, declined to comment Earlier report, page 3
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Press, 17 February 1984, Page 4
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316Customs officers’ actions defended Press, 17 February 1984, Page 4
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