Counsel Condemns “Very Harsh” Law
(New Zealand Press Association) AUCKLAND, May 11. The master of the Dutch freighter Straat Madura, Dirk Jan Smit, was today fined the minimum £25 for a breach of what his counsel, Mr C. A. Hamer, described as a “very harsh” section in the Customs Act.
Smit pleaded not guilty in October to a charge of bringing into New Zealand waters a ship with equipment adapted for concealing goods. The charge referred to two bollard housings in which 76 bottles of whisky were found. Mr E. F. Rothwell, S.M.,
then reserved his decision, pending the result of an appeal in a similar case. The appeal failed. The Magistrate today said he had no hesitation in saying that he was satisfied from his evidence that the master had no knowledge of the existence of the hiding place. He said that though the section might have “lain dormant” for half a century or more, the question of whether the law was applied was not a matter for the Court. But it did appear the application of the section could be harsh because of the absolute liability it imposed on the master.
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Press, Volume CV, Issue 31057, 12 May 1966, Page 20
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193Counsel Condemns “Very Harsh” Law Press, Volume CV, Issue 31057, 12 May 1966, Page 20
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