Decision reserved in engine case

Press, 23 July 1987, Page 4

Decision reserved in engine case

Decision was reserved by Judge McAloon in the District Court yesterday on a prosecution against a company director arising from his importation of a racing car engine costing $47,000, which was ordered for another company business owner and racing car driver. The defendant, Noel Donald Jefferies, aged 48, of Broadfield, had denied six charges brought by the Customs Department. They related to allegedly importing a Buick V 6 racing engine for racing car use when the import licence had stipulated marine use. The hearing began last Friday and was adjourned to yesterday tor completion.

Final defence evidence, and counsel’s final submissions, were heard yesterday before the Judge reserved decision. Mr R. E. Neave appeared for the Customs Department and Mr P. J. Rutledge for Jefferies. The six charges Jefferies faced comprised three

under the Customs Act, two under the Sales Tax Act, and one under the Trade and Industry Act. They related to dates from May to November, 1985.

Two of the charges alleged that Jefferies conspired with the purchaser, Don Crichton Grindley, in the importation for motor racing purposes, and that the engine was declared for marine purposes to defraud Customs of sales tax amounting to $4326 and customs duty of $6681. These conspiracy charges are laid in the alternative to charges naming the defendant alone.

The department contended that Jefferies imported the engine for Mr Grindley and described it on the relevant documents as for marine use, a category which attracted less sales tax and customs duty than car engines. Jefferies told Customs officers when interviewed or said in evidence that as

far as he knew the engine was intended for marine use, in jet boat racing,

He said he had raced in jet boat marathons nationally and internationally and had imported a number of these engines previously, all for use in jet boats.

He had never raced cars, had not met Mr Grindley before the transaction, and did not know Mr Grindley was involved in car racing. The approach about the engine had been made by Trevor John Crowe, a garage proprietor, who had asked him if he still imported these engines for boats, and then specified what he wanted for “a client.” Not until their third discussion was he told the client was Mr Grindley.

Jefferies said Mr Grindley had not corrected the notes in two application orders advising the engine was for marine use. He said there was no benefit to him in stating the engine was for marine use.