Customs case confuses magistrate

Sitting in the Port-of-Spain Second Petty Civil Court, Magistrate David Harris asked for advice from defence attorneys Osbourne Charles SC and Ravi Rajcoomar on how to proceed.

But Charles said they were all “in a sort of no man’s land” adding that they needed to find out if they were “fish or fowl.”

Charles told Harris he and Rajcoomar were seeking his guidance on the section of the Customs Act under which Dennis Davidson and Rene Martinez are charged, because the section “did not lend itself to any one possible interpretation.”

The duo are charged with evading import duties in the sum of $95,674.69 between August 19 and 20, 1997, at Abercromby Street, Port-of-Spain. They are also charged with falsifying a document dated August 15, 1997.

The two men, who had signed admission statements, were each fined $96,000 on August 20, 1997, but neglected to pay the fines. In an attempt to recover the fines, Davidson and Martinez were charged under section four of the Customs Act. The charges were laid by senior customs officer Anthony Springer. Charles said section four mandated that any person dealing with “any act, matter, or thing required by the customs laws” must be appointed by the comptroller of customs. He said there was no evidence that the person who dealt with the matter before it reached the magistrates’ court had been appointed by the comptroller.

According to Charles, he and Rajcoomar had made no-case submissions on behalf of their clients. Harris, Charles pointed out, had neglected to over-rule the no-case submissions before giving his prima facie ruling.

The matter was adjourned to May 4 for considerations to be given to the issues raised.