Cleared of smuggling (From Barry And District News)

Cleared of smuggling

TWO BARRY men have walked free from court after a smuggling case against them collapsed.

Lorry driver David Butler, aged 36, of Claude Road, and Mark Rees, 38, of Bull Cliff Walk, son of Peter Rees the head of P M Rees & Sons haulage company, denied charges of evading approximately £632,000 duty on smuggled tobacco.

Maidstone Crown Court heard that when customs officers searched a lorry driven by Butler they discovered nearly five million cigarettes.

After hours of legal argument spread over three days, Judge Michael Nelligan entered not guilty verdicts in respect of the two men.

He said the evidence was not strong enough for the two men to be convicted and it could "smack of guesswork" for the jury to convict.

James Harris, prosecuting, had told the court when the case opened that Butler was stopped at the Channel Tunnel in Coquelles on November 13, 2001, as he returned to England.

When a customs officer asked him what was on the trailer, he replied it was dried parsley collected from France. He said he watched it being loaded.

However, it was alleged that when an officer climbed onto the trailer with a metal detector and ran it over one of the boxes it indicated metal.

Mr Harris claimed that ultimately 4,648,000 cigarettes were found on the lorry and that various documents, which turned out to be false, were also seized.

Judge Nelligan said: "I have been hearing submissions from counsel on behalf of each of these defendants that neither has a case to answer and that the case should go no further than it has at present reached.

"I have decided, and it is a matter of law for me to decide, that you could not find either defendant guilty upon either count upon which you are trying them."

The jury was directed to formally return verdicts of not guilty for both defendants. Judge Neligan also agreed to award Rees his defence costs since his legal aid was terminated in July, and Butler's travelling expenses of £1,100.