Punishing the Innocent
Page 28
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THE question may well be asked as to whether justice is being done when the innocent owner• of a motor vehicle can forfeit this because it has been used for the purpose of smuggling or carrying goods brought into this country without paying the appropriate duty. We are sure that those who instituted this law or rule, giving such a complete right of seizure to our Customs, did not appreciate the fact that it could be employed in such a highhanded manner as to involve a contingency of this nature.
Only a few days ago an officer of the Finnish mercantile marine hired a taxicab to convey certain packages from• Fowey to Plymouth. It was discovered by the authorities concerned that these packages contained many thousands of smuggled cigarettes, consequently, the taxi driver was fined.
The matter, however, did not end there, for the vehicle was seized by the Customs and the owner. who was not the driver, has been forced to pay £250 to them for its repossession. That the driver was found guilty does not affect the case, although it was unfortunate for him if it happened that he was not in league with the smuggler; what does strike us as being worthy of a most complete investigation is the action which was taken in connection with the taxicab.
It seems that any haulier or, in fact, the owner of any class of vehicle, might find himself in similar circumstances and possibly have to pay a far larger sum, according to the value of the vehicle.
The defending solicitor in the case of the taxicab referred to it as an interesting side light on the powers of the Customs, and he pointed out that any vehicle might be commandeered in this manner, even if it had been stolen for the purpose of carrying out the offence. He also suggested that a train or a ship could be taken in the same Way.
• We are all in favour of the guilty being punished when they are discovered, that is one of the foundations of civilization, but to mulct those who are innocent of any crime is a gross perversion of justice and one which should receive the immediate attention of the legal authorities.
If the present law or practice continues, no driver and no owner of a motor vehicle is safe. Unsuspectingly, a lift might be given to some person who is carrying uncustomed goods, if these were discovered, presumably, the driver could be heavily fined and the vehicle taken.