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Judge throws out smuggling case

2nd September 2004
Page 14
Page 14, 2nd September 2004 — Judge throws out smuggling case
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Operator cleared of smuggling. Chris Tindall reports.

TWO MEN ON trial in connection with smuggling five million cigarettes in a trailer supposedly full of parsley have walked free after the case against them collapsed.

David Butler and Mark Rees, son of Peter Rees who owns Barry-based PM Rees & Sons, appeared at Maidstone Crown Court to answer charges of evading £632,000 in duty.

The court had been told that Butler was stopped at the Channel Tunnel in Coquelles in November 2001 as he returned to England. Butler gave evidence that he had watched his trailer being loaded with dried parsley. A search revealed no legitimate load whatsoever and Butler was arrested with Mark Rees, who was accused of attempting to avoid paying duty on the shipment.

Various false documents were also seized.

However, after hours of legal argument spread over three days,Judge Michael Nelligan entered not guilty verdicts in respect of the two men ruling that there was no case to answer.

He said the evidence was not strong enough for the two men to be convicted and it could "smack of guesswork" for the jury to oonvict. He explained:"By the time the lorry arrived at Customs there were the cigarettes.

"Someone had introduced them into the cargo space. You cannot be sure whether it was Butler who had done that. Rees was the manager. There was no evidence that he knew either that put upon the lorry were the cigarettes."


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