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Customs defends search of card collector's cabin

The acting Collector of Customs has defended the officers who raided a passenger's cabin aboard the Pacific Princess cruise ship.

Winniefred Fostine-DeSilva said since The Royal Gazette revealed that renowned postcard collector Donald Stephens' cabin had been "rummaged'' by Customs, confusion had arisen over the legality of the search.

She said: "Many people have questioned whether we had the power in law to do what we did.

"It would be wrong for me to comment on this specific case for obvious reasons. However, there are some parts of the Revenue Act of 1898 to which I would like to direct the public's attention.

"The first is Section 27, which says that someone who lives outside Bermuda and who takes orders for anything being sold or disposed of -- a commercial traveller, as the Act describes such a person -- must have the written permission of the Collector of Customs to leave samples of his products in Bermuda.

"The second is Section 82, which gives Customs officers very wide powers to board and search ships for goods they feel should be secured.'' She added that Customs officers had the power to require importers to produce all records relating to a particular importation for up to two years after the importation took place.

And she said people could face up to two years in jail and/or a fine of up to $14,400 for the conviction of making a false declaration to a Customs officer and said officers could dispose with a case, rather than refer it to the courts.

"I am perfectly satisfied that the actions taken by Customs officers in connection with the search aboard the Pacific Princess were carried out properly, and were within the powers given to Customs by the Revenue Act,'' said Mrs. Fostine-DeSilva.

Postcard collector Mr. Stephens, 65, from New York, had his room searched and $5,000 worth of belongings seized, including a laptop computer, old coins and postcards, on suspicion that he had not paid Customs duty or received permission to leave samples in Bermuda.

He has been given his computer back, but officers are still investigating and if he is found guilty of failing to pay duty, he could be fined hundreds of dollars.

Postcards entering Bermuda for other reasons other than from holidaymakers carry Customs duty of 22.25 percent. When Mr. Stephens was searched, officers found 454 old postcards.

Mrs. Fostine-DeSilva also defended the stand she took against a reporter and photographer from The Royal Gazette who entered the Customs area in Number One Shed to interview Mr. Stephens on Wednesday at his request.

The Royal Gazette is to take legal action against the Collector of Customs after officers seized film shot by photographer David Skinner in the confines of the shed.

The pictures, showing Customs officers at the top of the stairs returning a computer to Mr. Stephens, were seized after officials claimed they were taken in a restricted area.

The newspaper is now set to go to court to get the film back and to seek a declaration by the court that the film was seized illegally.

Referring to the disagreement over the seizure of the film, Mrs.

Fostine-DeSilva said: "The Revenue Act also gives the Collector of Customs the power to restrict access to and use of some areas used in connection with the job of Customs officers.

"The Customs examination area at the airport is one such area, the bonded warehouse is another. Number One Shed is also a restricted area.

"We do not allow the public free access in order to protect the privacy of the people Customs officers deal with.

"I believe it is perfectly reasonable to say that Press photographers should not take pictures of people who are involved in Customs examinations.

"Anyone who fails to respect that instruction runs the risk of being dealt with as a trespasser.''