Smuggling Charge in

Couple Fined £100

Smuggling Charge in Suva

TWO well-known residents of Suva, Mr. and Mrs. Frank Ryan, were heavily fined by Acting Magistrate J. Ben nett, in December, as the result of an incident which, apparently innocent enough in itself, involved a grave breach of regulations, and was the subject of much gossip in the Colony.

One day in September, 1944, Mr. Ryan drove his wife on to the Suva wharf, and they visited an American ship. They brought to the car fresh meat, butter and canned goods to the value, at US rates, of £lO/19/-. Mr. Ryan walked off the wharf, and his wife drove to the gate, and there was questioned by the police man on duty.

According to the evidence led by Superintendent W. J. G. Holland. Mrs, Ryan denied that she had any dutiable goods in the car; but Customs officials were summoned and the goods were con fiscated.

Mrs. Ryan was charged with smuggling and Mr. Ryan with assisting. They pleaded not guilty, and Mr. A. D. Leys raised a technical defence that neither intended to evade the payment of duty.

Mr. Ryan said the last thing he had told his wife was to declare the goods to the Customs.

Mrs. Ryan deposed that she thought she could pay the duty at the gate. She said, under cross-examination, that she had often returned to Suva from over seas trips, and knew that the Customs shed was at the opposite end of the wharf, and not near the gate.

After a hearing that extended into a second day, Mr. Bennett reserved his decision. He found the charges proved.

Mrs. Ryan was fined £75 and Mr. Ryan £25. The Court ruled, on the application of the police for confiscation of Mr. Ryan’s car, that it should form the subject of separate proceedings. In subsequent pro ceedings, the Magistrate held, on a tech nical point, that he could not order the forfeiture of the car. If it were to be seized, it should have been seized at the time of the offence.