Foreign used car dealer sues police over seized cars

One used car dealer from whom several vehicles valued close to a million dollars were seized by police is taking the matter to court, testing the local police’s jurisdiction to seize the vehicles here if  (not admitting) they were stolen in Japan as the lawmen alleged. Presley Roberts, owner of M&P Enterprises, has filed a writ against the police claiming that the seizure of five of his vehicles and the harassing of his customers and the seizure of some of  their vehicles by the police among other things could lead to financial ruin of his company. The writ was filed on Friday by attorney Kelvin Ramkissoon while Ravi Rajcoomar is advocate attorney.

Ramkissoon’s  document is challenging the police jurisdiction, claiming that there is no justifiable basis in law for the seizure of M&P Enterprises vehicles. Further, he claims, that the TT police do not exercise jurisdiction over property which, though it may be the fruit of a crime in Japan or another country, and has been validly shipped to TT for sale, and complied with all requirements and regulations in the exporting country. Another point he raises is that the police had no reasonable basis for the seizure of the vehicles and had no jurisdiction over the items of property. When the matter comes up in court he will argue that if the said vehicles were either tampered with or stolen, these acts could not have taken place in TT and therefore the TT police have no jurisdiction to investigate and prosecute anyone in this country or on behalf of the Japanese authorities — therefore the acts of the police are illegal and unconstitutional.

As a result of the territorial limitation of the police’s power there could be no complainant or virtual complainant or any complainant or information upon which criminal proceedings are likely to be instituted against any party relative to these vehicles and as such, there is ex facie no evidential basis for the seizure. Roberts who owns the company together with his mother Margaret Roberts, said that the seizure of the vehicles has caused the company to plunge into dire financial straits and severe economic  hardship. The total value of the seized vehicles on the road is in excess of $800,000.  Also, the  company had firm and committed orders from several customers for the sale of these vehicles to them which it cannot now fulfil. The Roberts further alleged that the actions of the police have caused the reputation of their company to be brought into question and disrepute by members of the public.

Presley Roberts said that he operates two outlets, one at Chin Chin Road, Cunupia and the other at the corner of Bejucal Road and Uriah Butler Highway, Charlieville. In an affidavit he said he purchases his vehicles from suppliers in Japan such as Mikilanka, Yama Motor Company (Kanazawa), St Jude Importers (Yawata) and Umemura Company (Tawata).  These suppliers, he insisted,  are well known and highly reputable companies. Before a vehicle is imported from Japan, the importer is provided with a number of documents, including a cancellation of registration certificate of the vehicle which is issued by the Ministry of Transport in Japan. This document bears particulars of the chassis and engine numbers of the vehicle, including the name, make and year of manufacture. 

The purpose of this document is that it certifies that the vehicle’s registration has been removed from the Register in Japan. The other documents include the invoice and Bill of Lading. These vehicles he claims are bought at auction sales or direct from owners and stock pile for shipment to other countries. Before any vehicle is bought in this manner, which is intended for export, out of Japan, a cancellation certificate is issued. Once the vehicle is cancelled it must either be compressed and its components re-cycles or sold for export. It can no longer subsist as a vehicle in Japan. Because of Japan’s strict environmental laws and policy, and its ascending rate of insurance for older vehicles, it is often cheaper for a consumer to sell his vehicle to these dealers rather than to keep them for a period in excess of three years and be subject to astronomical insurance rates and prohibitive costs for disposal by compression.

Roberts said, on March 22, 2004, the police seized a RX-8 vehicle from his compound and on May 3, seized two SUVs, a Mazda Athenza and another RX-8. The police, he said, also seized documents of sale of vehicles to customers and examined computer records. He also claimed that some of these owners have had their vehicles seized by police and were demanding he return their monies. In any event, he reasoned that vehicles sold had been duly inspected and qualified for registration at the Licensing Department. Roberts claimed that the police officer who led the raiding party had promised to travel to Japan to verify their suspicion of the vehicles seized but had not done so.