On May 14, 2018, the United Kingdom Privy Council found in favour of the Commissioner of Customs on all counts of the appeal brought by Omar Guyah, in the long-standing Court matter, Guyah v Commissioner of Customs and Another.
Mr. Guyah – then Director of the Contraband Enforcement Team of Jamaica Customs - was arrested by officers of the Revenue Protection Division (RPD) on Friday March 9, 2012, after a yearlong investigation by the RPD into a scheme concerning the illegal disposal of motor vehicles seized by the Contraband Enforcement Team whilst he was Director.
The Privy Council was asked to consider the questions of whether or not a Suzuki Swift motor car seized from his sister - was uncustomed goods, whether or not the motor vehicle was subject to seizure by Customs officials and whether or not the Supreme Court was reasonable in having made conclusions concerning the conduct, character and integrity of the appellant.
The Privy Council in addressing the issues brought by Mr. Guyah ruled that the Suzuki Swift was indeed uncustomed; that it was subject to seizure by Customs officials; and that the judge in the Jamaican Supreme Court was entitled to take the view that Mr. Guyah’s conduct was relevant and that based on the evidence before him could reasonably consider that Mr. Guyah had used his official position for his personal advantage.
A full copy of the judgement is available at https://www.jcpc.uk/cases/docs/jcpc-2016-0085-judgment.pdf and this hearing is available for viewing at https://www.jcpc.uk/watch/jcpc-2016-0085/230118-am.html
FOR FURTHER INFORMATION CONTACT:
Revenue Protection Division
c/o Communication & Public Relations Branch
Ministry of Finance & The Public Service
30 National Heroes Circle
Tel: 876 928 – 5141
Toll free – 1-888- 225-5773 (CALLRPD)
Fax: 876 928 - 9648
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