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CIGARETTE SMUGGLER MUST PAY BACK pounds 22k.


Byline: By Jackie Bow South Wales Echo The South Wales Echo is a daily newspaper distributed in south Wales. It was founded in 1884 and is based in Thomson House, Cardiff city centre. It is published daily, in a tabloid form, by Media Wales Ltd (formerly Western Mail & Echo Ltd), part of the Trinity Mirror group.  

A businessman who was caught with his son trying to smuggle smug·gle  
v. smug·gled, smug·gling, smug·gles

v.tr.
1. To import or export without paying lawful customs charges or duties.

2. To bring in or take out illicitly or by stealth.
 tens of thousands of cigarettes into the UK has been ordered to pay back more than pounds 22,000.

But Kevin Thomas' son will not have to pay a penny.

A Crown Court Recorder ruled it would be unjust to confiscate To expropriate private property for public use without compensating the owner under the authority of the Police Power of the government. To seize property.

When property is confiscated it is transferred from private to public use, usually for reasons such as
 the same amount from him for evaded duty.

Kevin Thomas, 46, of Meyrick Villas, Kristan Thomas, 25, of Caerleon Grove, and Benjamin Smith, 20, of Pant Cadifor Cottages, Merthyr Tydfil, were sentenced last September to community punishment orders.

The father and son were also fined pounds 7,500 and pounds 1,500 respectively.

Kevin Thomas had been found guilty of being knowingly concerned in fraudulently evading duty.

The men were taken back to court under the Proceeds of Crime Act where Jonathan Austin, for the Crown, applied for confiscation confiscation

In law, the act of seizing property without compensation and submitting it to the public treasury. Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by the police. Additionally, government action (e.g.
 orders of pounds 22,135 against each of the Thomases and pounds 200 against Smith, which he said were the alleged benefits of the offence.

The three had arrived at Bristol Airport from Portugal after spending one night there in January, 2005.

They denied travelling together and claimed the cigarettes and tobacco were for personal use.

Customs officers recovered almost 150,000 cigarettes and 2.75kg of tobacco from their luggage, and that belonging to a fourth man, who was not stopped.

Kevin Thomas, who told them he was a multi-millionaire, was caught with 25,000 cigarettes, Kristan Thomas with 59,960, and Smith with 31,980 cigarettes and 2.75kg of rolling tobacco.

At Thursday's hearing Recorder Phillip Marshall said it was his view that Kevin Thomas planned it and involved his son, who in turn involved Smith.

He reminded Kristan Thomas his basis of plea was that he 'was not involved at the behest of his father but off his own back'.

'You have left yourself open to an order that you pay Customs and Excise Customs and Excise n (BRIT) → Aduanas fpl y Arbitrios

Customs and Excise n (Brit) → administration f des douanes

 the value of the excise duty which has been evaded.'

But he said it would be unjust in this case because the excise duty evaded was pounds 22,000, not double.

'The person who really benefited in my view from this was your father.

'I think the truth of this matter is it was your father who put you up to this and he was the person receiving the benefit.'
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Publication:South Wales Echo (Cardiff, Wales)
Date:Feb 18, 2006
Words:396
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