MANAGER’S APPEAL FAILS

Dominion, Volume 37, Issue 6, 2 October 1943, Page 7

MANAGER’S APPEAL FAILS

Possession Of Uncustomed

Goods

(By Telegraph.—Press Association.) AUCKLAND, October 1.

The appeal of Walter Burns, company manager, against his conviction and fine for having uncustomed goods in Ins I session has been dismissed by Air. Justice Callan in a reserved judgment. Appellant was fined £25 by Mr. J* Mc-rhng, S.M., for having in his possession # uncustomed goods, namely, 10,000 cigarettes, 151 b. of tobacco, and 120 dozen boxes of matches of American manufacture. It was alleged that these were for the sole use of American troops and that they bad been wrongfully landed or imported without duty having been paid. His Honour said that all the goods were marked on the outside of the- caitouw as being for the navy stores ot the United States forces. The magistrate came to the conclusion tha l - appellant’s explanation of his being in possession of the goods was quite unsatusfactoiy and that, not only was he in Possession of the goods, but that he had actually acquired them. '’.hat hiid to be established against appellant was that the goods found' in his possession were goods upon which customs duty had become due :ind payable . ana was unpaid. If so much was established, then be was to be convicted unless he proved that lie obtained possession without, the knowledge that they were uncustomed goods or with some other lawful justihcation. , . , . “As to how or with what knowledge oi absence of knowledge he became possessed of the goods.” said his. Honour. 1 find that he establishes nothing. Appellant gave no evidence and called no evidence, and hie statement to the customs officer his Honour regarded as inherently improbable. The P r o’’ abll ‘ Ges n the matter were not such that the possibility of illegal entry into the ccuntiy could be disregarded. Appellant had not discharged the burden of proof throiyn upon him and the appeal would be dismissed with costs.