00:00it's a case brought by ultimate supplements limited and che howell enterprises against
00:06the controller of customs and excise the companies contend that customs unlawfully rejected the
00:12declared value of imported whey protein and nutritional supplements imposed deposits
00:18before releasing the goods and delayed shipments they also alleged that customs officers engaged
00:23in corrupt practices and claimed officials suggested their goods would be released without
00:29deposits if they abandoned their legal challenge but after examining the evidence justice frank
00:34sipes out rejected those allegations he ruled that while courts must treat accusations of corruption
00:41seriously serious allegations require serious proof sipes on said quote public power is a public trust
00:48and with power comes responsibility equally those who engage with the state bear a responsibility
00:54not to induce encourage or reward the misuse of that power this court must therefore adopt a
01:01position of zero tolerance toward corruption in all its manifestations end quote just as sipes out said
01:08corruption is not committed by public officials alone he described it as a destructive relationship
01:14between those who solicit bribes and those willing to pay them the judge questioned whether after more
01:20than 60 years of independence citizens were prepared to continue treating corruption as an inevitable
01:26part of national life he said quote corruption is rarely a solitary act the public official who solicits
01:34or accepts a bribe betrays the trust reposed in public office but the person who offers or pays that bribe
01:40is not an innocent participant each sustains the other end quote tuning to the legal dispute itself
01:47justice sippes found that customs was entitled to question the declared value of imported goods
01:52where there were reasonable grounds to suspect under invoicing he said customs was not required to blindly
02:00accept invoices presented by importers and has a duty to protect public revenue by making reasonable
02:06inquiries where concerns arise the judge also ruled that under section 22 of the customs act customs is
02:14legally entitled to require importers to pay a deposit before goods are released whenever there is a
02:20dispute over the amount of duty payable he found that the power to demand deposits is expressly provided
02:26for in law and was lawfully exercised in this case saying quote the rule of law demands evidence not
02:33instinct proof not prejudice just as this court will not turn the blind eye to corruption where credible
02:40evidence reveals it neither will it permit the reputation of a public officer to be tarnished
02:45by unsupported allegations end quote while dismissing the corruption allegations justice sippes out
02:51stressed that transparency and accountability remain essential in public administration and said courts
02:57will not hesitate to act where credible evidence of corruption exists however he concluded that in this case
03:04the allegations against the named customs officers were not supported by sufficient evidence
03:09and therefore had to be rejected or wishy to worry rupon around tv6 news
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