Challenge to magistrate’s ruling

Magistrate David Harris ruled that a prima facie case had been made out against businessmen Dennis Davidson and Rene Martinez. The duo were charged with evading import duties in the sum of $95,674.69 between August 19 and 20, 1997, at Abercromby Street in Port-of-Spain.

They were also charged with falsifying a document dated August 15, 1997. The two men, were each fined $96,000 on August 20, 1997 by then acting Chief Preventative Officer Ralph Newton.

Prior to the start of yesterday’s hearing the court was informed that Davidson had reportedly suffered a heart attack and stroke and was hospitalised.

However his attorney Osbourne Charles SC could not confirm this because he had, “heard it through the back door.”

According to Charles and counsel for Martinez, Ravi Rajcoomar, Newton had no authority to fine their clients because there was no evidence that he (Newton) had been appointed by the Comptroller of Customs.

Senior state Counsel for the Customs Chaitram Bhola will respond to the defence’s submission when the matter is next heard on May 31.