Man appeals customs conviction

A Northamptonshire businessman, jailed after being found guilty of a customs scam in which contraband cigarettes were smuggled in through Ipswich docks, has won the first round of a bid to clear his name.

Alan John Sparks, 49, of William Steele Way, Higham Ferrers, received a three-year jail term in October 2001 after he was convicted of being knowingly concerned in the fraudulent evasion of customs duty.

He challenged his conviction on grounds that elements of prosecution evidence should have been excluded from the trial, and on Thursday won the right to a full Appeal Court hearing of his case.

Customs officers had trailed a lorry containing three million cigarettes to an industrial unit in Wellingborough which Sparks intended to rent on behalf of his company.

'Counterfeit' cigarettes

Mr Justice Beatson said Sparks had denied any knowledge of the goods, and said there was no direct evidence linking him with the contraband.

But the prosecution said there was evidence indicating his "knowledge of the importation", referring to the discovery of 25,000 counterfeit cigarettes, which contained no smokable tobacco.

Sparks claimed he thought they were genuine, and said he had bought them in Belgium and intended to sell them on to friends.

His lawyers argued the evidence of the counterfeit cigarettes should have been excluded by the trial judge.

Granting Sparks permission to appeal, Mr Justice Beatson, sitting in London with Lord Justice Rose and Mr Justice Grigson, said: "We think that the matter should be argued before the full court."

No date was set for the full hearing of Sparks' appeal.