Judge raps 'ambiguous' Customs report on contraband conviction

[Kenshin Uesugi]

Judge raps 'ambiguous' Customs report on contraband conviction
By Zul Othman | Posted: 01 December 2010 1346 hrs
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SINGAPORE: A High Court judge has set aside the conviction and sentencing of four Bangladeshis convicted of dealing in contraband cigarettes as the prosecution had not proven the case beyond a reasonable doubt.

They had initially been jailed two years each for dealing with nearly 710kg of contraband cigarettes.

Justice V K Rajah also allowed the four men to retract their plea of guilt.

The judge told the Prosecution to decide by early next week if they want to re-try the case in a District Court.

The four men - Biplob Hossain Younus Akan, 35; Md Bodiuzzaman Palash Md Saydul Huqe, 26; Mohammad Azizur Rahaman Kalu Matubbor, 24; and Goutam Halder Late Janardhan Halder, 21, were arrested by Singapore Customs officers on August 6 after they were spotted moving 3,549 cartons of cigarettes in a Defu Lane factory for which duty had not been paid.

Justice Rajah said he was not convinced the prosecution had "an iron-clad case" because evidence showed that the four men only knew of the offence after they were interviewed by Singapore Customs following their arrest.

There was also no evidence anyone had told the Bangladeshis the cigarettes were duty unpaid, the court heard.

Justice Rajah also criticised the Customs report as being "ambiguous".

And if the Prosecution proceeds with a re-trial, Justice Rajah advised the four Bangladeshis to approach the Law Society for legal representation.

Last week, the Appeal Court heard that the four men were acting under the instructions of two Singaporean ringleaders whom they did not know before the incident.

The ringleaders had agreed to pay them S$30 to S$40 each for helping to repack the cigarettes.

The Bangladeshis appealed against the sentence on the grounds that they did not know they were doing illegal work and also claimed that they were told to plead guilty by an interpreter when their statements were being recorded so that the courts would be lenient with them.

-CNA/ac