APPEAL AGAINST FINE

Nelson Evening Mail, Volume 78, 29 September 1943, Page 5

APPEAL AGAINST FINE

ALLEGED UNCUSTOMED GOODS COMPANY MANAGER’S ACTION Auckland, This Day. An appeal against conviction and a fine of £25 on a charge of being in possession of uncustomed goods of American manufacture was made today by Walter 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 that 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, 15 pounds of tobacco, and 120 dozen boxes of matches. These goods were found in the basement of appellant’s warehouse and were of the kind admitted free of duty for the exclusive use of Allied forces. Appellant told Customs officers who searched the warehouse that he did not trade in such goods but these particular goods were stored there by a friend of an acquaintance of appellant, an Allied serviceman. The Customs officer, William Hay Graham, said in evidence that after a series of prosecutions for smuggling 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 prior to his decision was put in. Mr Meredith said the onus of disproving the goods were uncustomed or smuggled was on appellant, who had not attempted to discharge it. Mr Finlay, appellant’s counsel, argued that 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 by the servicemen as they thought fit. The case is proceeding. (Later message on page 4.)