Bashco fined for contraband
June 19, 2007
The Court of Appeal ruled on Friday that Bashco Trading Company must pay $8 million to the Government for importing prohibited goods in January 1999.
Bashco and its chief executive officer, Gassan Azan, had appealed against convictions and sentences imposed by Resident Magistrate Owen Parkin in the Corporate Tax Court in August 2001.
Azan won his appeal as the Court of Appeal set aside his convictions and fines for importing prohibited goods and harbouring the said goods.
Bashco had imported a quantity of Nike, Caterpillar and Adidas brand name shoes which Revenue Protection Division officers found to be counterfeit. Bashco's convictions for harbouring the goods were also set aside.
Majority decision
The Court of Appeal, com-prising Mr. Justice Seymour Panton, Mrs. Justice Hazel Harris and Mr. Justice Karl Harrison heard the appeal. Mr. Justice Harrison dissented.
The Court held in its majority decision that, as far as Azan was concerned, given the fact that he was acting for the company and there was no evidence against him personally at the end of the Crown's case, the convictions recorded against him ought to be quashed and the sentences set aside.
Author: Gleaner Reporter
Source: Jamaica Gleaner
