Naing, Aye Aye v The Attorney General, Collector of Customs & Financial Investigations Division

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 00025

BETWEEN AYE AYE NAING CLAIMANT

A N D THE ATTORNEY GENERAL 1 ST DEFENDANT

A N D COLLECTOR OF CUSTOMS 2ND DEFENDANT

A N D FINANCIAL INVESTIGATIONS

DIVISION 3RD DEFENDANT

Mr. Terrence Ballantyne for the Claimant, instructed by Richard Bonner and

Associates.

Mrs. Syrnone Mayhew for the Defendants instructed by the Director of State

Proceedings.

ALLEGED BREACH OF CONDITION OF DUTY CONCESSIONSEIZURE

OF MOTOR VEHICLE - WHETHER SEIZURE LAWFUL

February 23 & April 5,2006

BROOKS, J.

Dr. Aye Aye Naing is a District Health Medical Officer assigned to

the Hanover Health Department. In that post she is eligible to benefit from a

concession on the import duty on a motor car. She duly applied for and was

granted the concessionary rate of 20% of the regular import duty on a motor

vehicle which she wished to import. The vehicle, a Mercedes Benz, was

imported in April 2002 and the duty paid at the concessionary rate.