Debate on a bill to amend the Customs Act was suspended in Parliament yesterday after Opposition members raised objections to a particular provision in the proposed law.

The bill seeks to amend the Customs Act "to shift the evidential burden to the importer to disprove the content of any document, electronic recording or data found in his/her possession or under his/her control."

False invoices

This provision became necessary because over the years, some importers have used their original invoice for income tax purposes but submit another invoice that understates the volume and number of the imported items.

Piloting the bill, Finance and Planning Minister, Dr. Omar Davies, said that under the Constitution, every person charged with a criminal offence is presumed innocent until proven guilty. However, he said, the proposed amendment to the Customs Act would shift the burden of proof to the defendant.

Contributing to the debate, Opposition Leader Bruce Golding, said the amendment would require the defendant to prove a negative. "You are being called to disprove the validity of the document that is presented in the court," he said.

"I cannot recall any other piece of legislation where we are putting a burden on somebody to disprove anything I think it is dangerous," said Golding, as he invited the House to hold further discussions on the amendment.