A Customs Officer knew “something was wrong” when he approached a 20ft container, which contained liquor allegedly smuggled into the country.
That’s what Customs Officer, Mika Suesue Te’o told the District Court yesterday when he gave evidence in the hearing of charges against Gagaemauga No. 2 Member of Parliament, Levaopolo Talatonu.
Levaopolo is charged alongside Christine Ainu’u, an employee of Island Freight Company at Vaimoso.
Together, they have pleaded not guilty to Customs and Police charges of fraud and making a false declaration in relation to a container allegedly removed from Customs with “false importation documents.”
Both defendants are accused of defrauding the revenue of the Customs Department.
The Presiding Judge is Her Honour, Mata Tuatagaloa.
Leinafo Taimalelagi, of the Attorney General’s Office is leading the Prosecution; Tole’afoa Solomona To’ailoa is representing Ms. Ainu’u while Te’o Richard Fa’aiuaso is the MP’s lawyer.
In her opening submission, Ms. Taimalelagi said Ms. Ainu’u is 32-years-of-age and an employee of Island Freight, as is Levaopolo.
She said both defendants are facing charges under the Customs Act.
Ms. Taimalelago told the Court a 20ft container, “BHCU3078686” was found at Island Freight Vaimoso, packed with whiskey. The container, she said, was unloaded at Island Freight's compound.
When a Customs Officer approached Island Freight for clearance documents, he was given false documents, the Court heard.
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The prosecution lawyer told the Court she has 25 witnesses.
The first witness was Mr. Te’o, who has been working at Customs for more than 10 years.
Mr. Te’o told the Court that his duties and responsibilities included clearing passengers travelling from other countries on ferries and airplanes, as well as cargo shipped into the country.
On 7 February 2013, Mr. Te’o said he visited the Island Freight compound to clear cargo for one of the company’s clients.
While he was there, he noticed a blue container with a minivan parked in front of it.
Mr. Te’o said when he got closer to the container, he saw a man inside it shifting boxes.
The man saw him looking and he quickly shut the container.
The Customs Officer said it was then he felt that “something was wrong.”
Mr. Te’o said he also saw a man wearing sunglasses and a cowboy hat with a woman sitting next to him in the compound.
Curious, Mr. Te’o went to Island Freight’s Office to inquire about the container and its contents.
Mr. Te’o said Ms. Ainu’u told him the container was empty and that the man outside wearing a cowboy hat was hiring it to store his things. She told him that the man regularly travelled to Australia.
Mr. Te’o said he asked Ms. Ainu’u for the man’s name and she said it was “Jonah.”
“When we drove off the compound, I took a photo of the container number and showed it to my boss when I went back to the office,” he said. “Because I felt that there was something wrong.”
During cross examination by Tole’afoa, Mr. Te’o was asked about how the procedure in which he uses to obtain declarations.
The witness said he obtained them from Ms. Ainu’u verbally.
“So that’s how you do your job?” Toleafoa asked. “That you take anything somebody says to you and consider that a declaration?” he questioned further.
Tole’afoa also asked the defendant why he didn’t confirm if the man’s name was “Jonah” while he had the chance there.
“Because I was there for a different matter,” responded Mr Te’o.
Levaopolo’s legal counsel, Te’o Fa'aiuaso also cross-examined the witness.
“Who owns the container?” Te’o asked the witness.
In response, the Customs Officer said the container was owned by Island Freight because it was consigned to Island Freight.
It was shipped through Transam, a shipping agent, he said.
He was also asked how he knew that there was something wrong when he saw the container.
Mr. Te’o said when he was at Island Freight, he saw the man with the cowboy hat grab a bottle of whiskey and give it to the boys who were helping to move things in the container.
Ms. Ainuu’s lawyer, Tole'afoa then asked the witness if the container went through the normal procedures within the Customs Office.
The lawyer produced a set of clearance documents in an attempt to prove that the container was cleared through the normal customs procedures.
The hearing continues.
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