Businessman Peter Haupt pleaded not guilty to 13 charges including fraud and contravening the Customs and Excise Act when he appeared in court yesterday. Among the charges that Haupt faces is that he interfered with the SARS seals that were placed on his premises last year.
The act states that any person who unlawfully removes or breaks any lock or seal fitted to any warehouse by a SARS officer shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment.
SARS has been investigating various syndicates suspected of using illicit alcohol in the manufacture of cheap alcoholic products. The service has also been investigating whether excise on the illicit alcohol used in the manufacture of the liquor had been paid.
Danie Jacobs, who works for the enforcement division of SARS, told the court that officials from the service visited the premises belonging to Haupt on 19 April last year to check whether the seals remained intact. The seals had been placed on the premises on 7 April after the officials closed and sealed the manufacturing and bottling section of the plant.
Jacobs said it appeared on his visit of 19 April that the seals had been tampered with.
Jacobs said he took photographs of the scene on 19 April in Haupt's presence. He said he later transferred the photographs from the digital camera to a computer.
Haupt's defence attorney argued that the pictures they were given were not the originals and did not indicate when they were taken.
The court postponed the case to allow Jacobs to fetch the computer that he had used to download the photographs from his camera.
He was also asked to get hold of the secure digital memory cards that were inserted into the camera when the photographs were taken.
During cross-examination, it transpired that Haupt's premises had been visited on a number of occasions by SARS officials as there had been a longstanding dispute.
The premises were also registered as a warehouse in terms of the act.
The charge sheet states that Haupt was the owner of a business known as Superior Group situated in Kya Sands.
The charge sheet said the building was visited by SARS officials for customs inspections. After the inspection of the manufacturing and bottling section the plant was sealed with SARS stickers and Haupt was informed that no one was allowed to enter the plant and that the seals may not be removed or tampered with.
Haupt also faces charges relating to fraud and failure to submit a tax return.
Source: Business Day
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