Alleged Uncustomed Goods

Northern Advocate, 28 September 1943, Page 3

Alleged Uncustomed Goods

I (P.A.) AUCKLAND, This Day. i An appeal against a conviction and fine ,of £25 on a charge of being in possession jof uncustomed goods of American manufacture was made today by Walter Burns, ■ company manager, before Mr. Justice Cal’lan. Appellant alleged that the magistrate (Mr. Morling) was wrong in law in recording a conviction. Mr. Meredith, for the Crown, said that .appellant was manager of Burns and Com- | party. He had been charged before a) | magistrate with being found in possession j !of uncustomed goods, to wit, 10,000 cigar* j jettes, lolbs. of tobacco and 120 dozen boxes; ,of matches. These goods. were found in j . the basement of appellant’s warehouse and j [were of the kind admitted free of duty; j for the exclusive use of Allied forces. I Appellant told Customs officers who! [searched the warehouse that he did not’ l trade in such goods, but these particular; ! goods were stored there by a friend of an! 1 acquaintance of appellant, an Allied j 'serviceman. i A Customs officer. William Hay Graham, [said in evidence that after a series of {prosecutions for smuggling, the Allied ;authorities introduced a system of ration- ■ ing cigarettes, tobacco, matches and razor [blades at the instigation of the Customs Department. i No Evidence by Appellant • No evidence was offered for appellant. [Legal argument submitted by appellant’s) [counsel to the magistrate? prior to hisi ;decision was put in. Mr. Meredith said! the onus of disproving . that the goods! [were uncustomed or smuggled was on* [appellant, who had not attempted . to l discharge it. ■' The appellant’s counsel (Mr. Finlav) [ argued Ihat the goods, having been admitted under regulations duty free for a particular purpose, and having reached the persons intended, were no longer uncustomed, but could be disposed of bv! servicemen as they thought, fit, ~-j (Proceeding). ■ I t