R v Commissioner Of Customs and Excise et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
I N NISCELLAMEBUS
SUIT NO. 13 OF 1994
BEFORE: THE HON. MRo JUSTICE CHESTER ORR
THE HON. MR. JUSTICE THEOBALDS
THE BON. MR, JUSTICE KARL HARRISON
I N THE MATTER OF THE CUSTOMS ACT
AND I N THE MATTER OF SEARCH WARRANTS
issued under Section 203 of the
Customs A c t .
AND I M THE MATTER OF the seizure and
detention of documents and papers of
the Applicants.
Regina v. Commissioner of Customs and Excise, Expa-rte R e a l Farmq
L i m i t e d , David Chin and David Incorporated ~ i m i t e d .
M r o Ian Ramsay and M r s . Jacqueline Gamauels-Brown for Applicants.
M r . Lackston Robinson instructed by Director of State Proceedings
for Respondent.
HEARD: July 15 , 16 and December 1 2 , 1996
CHESTER ORR Jo
I have read the judgments of Theobalds and Harrison JJ and
agree .that the motion should be dismissed for the reason so f u l l y
set out i n the judgment of Harrison J.
I also agree t h a t there is no j u s t i f i c a t i o n f o r r e t a i n i n g any
goods or documents not required i n the prosecution of the criminal
charge herein.
THEOBALDS So
I have read the judgment of my brother, K a r l Harrison. I agree
with the reasoning and the decision arrived at, but would wish t o
add a few b r i e f comments of my own. I confess to having been
i n i t i a l l y a t t r a c t e d by the argument put forward by learned counsel
f o r t h e applicant on the question of the i l l e g a l i t y and i n v a l i d i t y
of the search warrants upon which the custorns o f f i c e r s purported to
act. Section 203 of the Customs A c t under which the search warrants
were