Customs ‘Behaving Unlawfully’

Tuesday 26th, October 2010 / 09:03 Published by

Kelly’s Freeport Limited is set to go back to court on Tuesday to ask for an injunction to stop Bahamas Customs from seizing its trailers until after the trial of the case.

They were granted leave by the Supreme Court last week to begin proceedings for a Judicial Review against Customs.

Recently, the two parties have been embroiled in a dispute over bonded goods sales in which Customs is now requiring the wholesaler to report those monthly returns to them.

But, in a writ filed in the Supreme Court on October 15, Kelly’s maintains that while Customs has no lawful authority to make such a request, they are prepared to cooperate with Customs to develop a standard reporting system that applies to all licensees under the Grand Bahama Port Authority (GBPA).

Kelly’s argues, however, that Customs has recently insisted, with no notice or consultation, that they produce the monthly returns which relate to over the counter sales of bonded goods and in doing so, Customs has even detained and refused to clear their trailers on three occasions to force them to comply.

The wholesaler is insisting, however, that it will not do so under duress or while Customs is “behaving unlawfully.”

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