Manager of Heizen Trading, Zhang Tongzi pleaded guilty to one count of false declaration and one count of concealing goods to deceive a customs officer.
These were in relation to his attempt to export a consignment of bech-der-mer in April this year.
A government ban on the export of bech-der-mer is currently in place.
Both the prosecution and the defense yesterday submitted that under the Customs and Excise Act, the Magistrate’s Court has the jurisdictions to deal with the case.
On Wednesday the presiding magistrate asked both counsels to lodge their submissions on whether the Magistrate’s Court has the jurisdiction to deal with the crime.
During the submissions, prosecution asked for a deterrence sentence while the accused’s counsel said his client has entered an early guilty plea and has cooperated with customs officials during the investigations.
Magistrate Emma Garo in her sentencing said in terms of cooperation with investigators, any credit given for this factor must be done so within the context of the fact that he was caught in the act.
She said the fact that he cooperated with the officers cannot override the duty and need of the court to impose a punitive sentence.
Ms Garo said the same applies to the guilty plea entered which she said must be weighed against the aggravating features, surrounding his commissioning of the offence.
“The purpose and act of your giving false declaration is clearly to flout the system and to export the very resource this country relies on for income without paying any export duty.”
Ms Garo told the accused that if he had not been caught the whole country would be the victim as the result of his actions in terms of being denied the revenue that could have been earned in tax and duties.
The accused was told that his deliberate act in packing the goods with clear intention of not declaring all of the goods made his offending serious.
He was also told that the profit he would have made from this illegal activity has got to be so much more that made him giving the false information by underestimating the weight of the goods and concealing the attempt to export a prohibited item.
Ms Garo said that the accused in admitting packing the goods on his own for three days without any assistance from anyone is reflective of his commitment and his deliberateness of breaking the law and flout the system for his own benefit.
“The need to impose a deterrent penalty in the circumstances of your offending in this case far outweighs any mitigation presented on your behalf.”
Ms Garo told the accused.
A fine of $2,000 in default of 3 months imprisonment for concealing of goods and $10,000 in default of 9 months for the false declaration was imposed.
Meanwhile, the court ordered that the accused’s passport in custody of the court will not be released until the fines are paid.
The court further ordered the accused be under customs custody until the total fines are paid.
The fines are ordered to be paid in cash and not cheque.
Joseph Iroga of Light Lawyers represented the accused while Rebecca Christensen of Director of Public Prosecution’s (DPP) Office appeared for the crown.
By ASSUMPTA PIVA
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