Customs returns seized Gazette film
of film seized from a press photographer was handed back without action.
The newspaper was given the film back yesterday by Collector of Customs Bill LeDrew following an incident in Number One Shed on July 12.
But last night editor Bill Zuill said that, despite the return of the film, he was still taking legal advice on whether or not to continue to pursue the matter in the courts on a matter of principle.
Photographer David Skinner had his film seized after taking pictures of Pacific Princess passenger Donald Stephens, who was being investigated for non-payment of duty, within the Customs area of the shed.
He and a reporter from The Royal Gazette were there to interview postcard collector Mr. Stephens at his own request when Customs officials came to hand back his computer.
Mr. Skinner was asked to stop taking photographs by the officials and was told to leave the shed, which he did.
However, still dissatisfied with the situation, Assistant Collector of Customs Winniefred Forstine-DeSilva seized the film under protest from the newspaper.
In a letter that accompanied the roll of film which was returned to The Royal Gazette yesterday, Mr. LeDrew said: "Following a careful review of the incident, we have decided not to proceed with any action against your reporter under Section 96 (2) of the Revenue Act for his failure to leave the Customs area when directed to do so by Customs Officials.
"Therefore, I am returning the roll of film.
"While we are taking no further action in this matter, I wish to stress that your employee must leave a designated Customs area immediately when directed to do so by a Customs officer.
"Failure to do so would leave the individual open to a charge under the Revenue Act.'' Mr. Zuill last night welcomed the decision by the Collector of Customs not to prosecute the case and return the film.
He said: "There was nothing in law that we could determine which empowered the Customs Department to seize the film in the first place, and I think that Mr. LeDrew's decision goes some way to recognising that.
"We feel it is a matter of principle that the media should resist any attempts to seize photographs or to prevent publication of stories or pictures which are in the public interest, and there should be no question that the media has the right to cover public officials executing their duties.
"We are still taking legal advice on whether or not to continue to pursue this matter in the courts.'' Mr. Zuill said that, before Mr. LeDrew had made his decision, the newspaper had received permission to issue a summons against the Attorney General for the return of the film and had been given permission by Acting Judge Charles-Etta Simmons to seek judicial review of the seizure.
The editor added: "While we now have the film, the question of whether or not we should see a judgment on the legality of the seizure remains open.
Customs climbdown days.'' Last week The Royal Gazette revealed how grandfather Mr. Stephens, who is renowned on the Island for selling old Bermudian postcards, coins and artifacts, had been told to pay $1,844 in unpaid duty and wharfage charges in order to re-claim the goods seized by Customs.
But yesterday he said that, under the advice of an attorney, he had asked in writing for a full breakdown of the charges.
And the 65-year-old from New York said he had no plans to pay the demand.
He added: "I want to know how they have arrived at the figure they have.
"I have offered to pay the wharfage on the goods at my estimated value of them, but not the duty. I think that works out at a little over $50. "All of my customers have said they no longer want the items, so therefore they have not been sold and I should not be charged duty.
"However, I won't a pay a penny unless I get all of my goods back.''