UNCUSTOMED GOODS

Dominion, Volume 37, Issue 3, 29 September 1943, Page 8

UNCUSTOMED GOODS

Company Manager Appeals Against Conviction (By T“logr:ipli—Press Assoelnllon. V AUCKLAND, September 28. An appeal against a conviction and fine of £35 on a charge of being in. possession of uncustomed goods of American manufacture was made today iby M alter Burns, company manager, before Mr. Justice Callan. Appellant-alleged that the magistrate, Mr. Morling. was wrong in law in recording a conviction. . Mr. Meredith, for the, Crown, said appellant was manager of Burns and Company. He had been charged before the magistrate with being found in-possession of uncustomed goods, to wit 10.000 cigarettes, 151 b. of tobacco and 120 dozen .boxes of matches. These goods were found in the .basement of appellants warehouse mid were of <1 kind admitted tree of duty for the exclusive use of the Allied forces. Appellant told Customs officers who .searched' the -warehouse that he did not trade in such goods', but that these particular .goods were, stored there by a friend of an acquaintance of appellant, an Allied serviceman. A Customs officer, William Hay Graham. said in evidence that, after a series of prosecutions for smuggling, the Allied authorities introduced a system of rationing cigarettes, tobacco, matches and razor blades at the instigation of the Customs Department. No evidence was offered for appellant. Legal argument submitted -by appellant’s counsel to the. magistrate before his decision was put in. Mr. Meredith said ■ the onus of disproving that the goods were uncustomed br smuggled was on appellant, who had not attempted to discharge it. , Mr. Finlay, appellant s counsel, argued that the goods, having been admitted- under the regulations duty free for a particular purpose, and having reached the persons intended, were no longer uncustomed, 'but could ‘be disposed of :by servicemen as they thought nt. Decision was reserved.