NEW CAR PUSH
Published on: 6/17/06.
by HEATHER-LYNN EVANSON
MORE LEGAL ACTION could be looming for the Customs Department.
It comes as Shazar Distributors Inc., the used-car company that sued the department in an attempt to get back its impounded vehicles, is still yet to drive them out of the Port.
The problem surrounds the size of the bond Customs has asked the company to post.
Last Friday, Customs ordered Shazar to post a bond of US$30 000 for each of the three vehicles covered by a High Court ruling last week Wednesday. The vehicles were estimated at a cost of US$10 000 each and were the subject of an investigation of under-invoicing.
When contacted, Dr Abdul Mohamed, one of the principals of the company, said it was in negotiations with Customs about the size of the bond.
This was confirmed by the company's attorney Ralph Thorne, who said it was "distressed" about the bond's size.
He said there was discussion between the Comptroller of Customs and himself during the week.
"Both of us have expressed the desire for an amicable settlement," Thorne said. "Neither side wishes to trouble the court any further unless we fail to agree on what is just and what is right."
He explained that interpretation of the Customs Act was proving to be a sticking point for both parties, but declined to elaborate "for fear that I might prejudice any court proceedings which may be pending".
It was last week that High Court judge, Justice Elneth Kentish, gave the Comptroller 48 hours to wrap up its investigations, impose customs duties and deliver the vehicles it had impounded since last December back to Shazar Distributors.
The judge ruled that in the event Customs was unable to complete those investigations within the time frame, it should release the vehicles, provided a suitable bond was posted to cover duties which might be imposed.
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