Fight for seized tobacco stubbed out

Motueka man Lawrence Reginald Jury has lost a lengthy court battle to have nearly five tonnes of seized tobacco returned to him.

The 4790 kilograms of tobacco leaf was seized after a search of Jury’s Motueka Valley property by Customs officers and the armed offenders squad in May 2010.

Jury was convicted of manufacturing tobacco in 2012, but the conviction was quashed by the High Court on the basis the Crown had not proved beyond reasonable doubt his homegrown tobacco was intended for an illegal purpose.

In New Zealand it is not illegal to grow, dry, store, or sell cured but uncut tobacco leaf, but manufacturing, except for home-grown tobacco for personal use, requires a licence and the full knowledge of Customs.

Since his conviction was quashed, Jury has been trying to get the seized tobacco back, arguing there was no legal basis for the seizure for the goods.

The Customs Appeal Authority determined Jury had forfeited the seized tobacco leaf following the 2010 raid but the High Court disagreed in a judgement released late last year.

The High Court ordered the seized tobacco be returned to Jury, but Customs took the matter to the Court of Appeal, which ruled in its favour.

Jury then applied for leave to appeal to the Supreme Court, which dismissed the case.

Custom’s case against Jury centred on a sale of tobacco to Wellsford man, Ross Ferguson, who was found to have then illegally manufactured it.

The High Court agreed with Jury that there was ‘‘was insufficient evidence to establish Mr Jury had the necessary intent’’. The Court of Appeal ruled there had been sufficient evidence, however.

Jury’s bid to appeal that Court of Appeal decision was declined by the Supreme Court in a decision released publicly on Friday, meaning he would not get his tobacco leaf back, and would have to pay costs of $2500 to Customs.