On 27 July 2010, at the outbound controls at Heathrow Airport, the appellant presented the UK Border Agency (UKBA) with three CITES re-export permits which had been issued for five rhino horns which he was taking with him in his luggage to Australia.
This applicant appeals against a total sentence of 10-month in respect of fraudulently evading the restriction on the export of elephant tusks and sperm whale teeth, of selling those items and of making false statements and altering or falsifying permits and certificates for the purposes of the same and similar transactions.
The appellant pleaded guilty to being knowingly concerned in fraudulently evading the prohibition on the importation of a prohibited species of endangered falcon. He was stopped while entering the country with his car, which was found to contain four young birds of prey, Gyr falcons, worth between GBP 10,000 - 15,000 each.
The defendant was a breeder of rare parrots. He was charged in an indictment with four counts of being knowingly concerned in the fraudulent evasion of a restriction, by virtue of an enactment, on the importation of goods, contrary to section 170(2)(b) of the Customs and Excise Management Act 1979.
The petitioners are dealers and artisans in ivory who carry on the business and trade in ivory including the manufacture of articles derived from ivory lawfully imported into India prior to the ban. They imported part of the stock of mammoth ivory from Russia and part of it from Hong Kong for the purposes of the business.