An appeals court has dismissed a request by a ship’s captain for the return of two jet skis seized by Customs nine years ago when his ship was searched following a tip-off about suspected illegal exports to Libya.
The case dated back to August 2013. The MV Leca Nord, flying the Belize flag, was sailing out of Grand Harbour when its captain, Paul Attard, was ordered by Valletta Port Control to return to berth.
Customs officers had searched the ship before it set sail, checking all vehicles, boats and food on board.
During a second inspection when the ship returned to berth, the officers seized the two jet skis which the captain claimed as personal belongings.
Three months later, Attard wrote to the Comptroller of Customs requesting release of the jet skis.
When the request was refused, Attard filed proceedings before the First Hall, Civil Court arguing that there was no valid reason for the authorities’ refusal.
He pleaded that the search of the vessel was legally unfounded, disproportionate and in breach of his property rights.
In June 2020, the court turned down his request saying that it was not convinced of Attard’s version that the jet skis would not have been exported illegally had they not been confiscated.
Nor did the court uphold his argument that there was no need to include the jet skis on the ship’s lists of merchandise or possessions since they were his own personal belongings.
Attard’s explanation that the jet skis were used by his crew in their leisure time while in Libyan ports was judged as not being credible by the court.
The captain filed an appeal, arguing that the first court had wrongly assessed the facts and that Customs had acted beyond its powers when confiscating the jet skis.
When delivering judgment the court, presided by Chief Justice Mark Chetcuti, together with Justices Joseph R. Micallef and Tonio Mallia, confirmed the first court’s decision.
The fact that the jet skis were said to belong to Attard and had been on his ship for months did not exclude the possibility that they were intended for illegal export, the court said.
Those jet skis did not feature on any cargo or provisions list and the captain had failed to produce a valid and credible reason for such omission, observed the court, noting that other items, including “a simple calculator” had been included in those lists.
The court also rejected Attard’s argument that Customs had acted beyond its powers.
The Customs Ordinance clearly stated that every item of merchandise or provisions not listed was to be seized.
“Seizure is mandatory and the director (of customs) has no discretion in this regard,” observed the court. The fact that the jet skis did not feature anywhere on the ship’s lists in itself roused suspicion as to why they were on board.
The court was not convinced of Attard’s claims that those jet skis were to be used by his crew members in their leisure time in Libya.
The captain's appeal was therefore dismissed.