The-Doll-House court case

[The-Doll-House]

TL;DR - order of a Piper 150cm small breast Akira for a customer seized by HMRC in Dec 2019.
TDH contesting the legality of the seizure in court.

Latest update for 18th Feb 2022 - meant to be the actual condemnation hearing.

Met with the customer and barrister before heading into court.
The barrister told me that BorderForce (BF) had given the seized doll to the local police to prosecute the customer.
Which seemed reasonable at this point

He then told me that the police went and destroyed the doll!

So we walk into the court finding out that the local (Keystone) cops had destroyed the doll, and we think the prosecution had just heard this prior to the court case, so no-one was impressed with this.
We press on.

We questioned the Customs measurement of the Piper 150cm Akira as actually 140cm (143cm by the local police).
The prosecution accept that 150cm would constitute a much clearer adult case for the doll.

We argue that no-one can raise this in court as nothing can be verified, and we move for dismissal of the case as evidence has been destroyed prior to the court case (which should raise many red flags, and actually be illegal, but we carry on nonetheless).

The court accepts that the case cannot proceed without any evidence on the doll height so the court moves to adjourn until May.

This is frustrating, as I wanted this over today, but as said by the barrister - a HUGE self shot in the foot by the prosecution, and hugely embarrassing for them, so things look a lot better for the next case in early May.
Frustrating Yes, but I have a much better case now - coupled with the fact that the local police seem to be folding the criminal case against the customer - They asked him to collect his computer, phone and electronic equipment (after 2 years) so at least that looks like that case is getting put to bed.

My barrister has approached the prosecution to say "You really need to give us some money here, to get any level of resolution here!", this is due to the bad position that they had placed themselves into.
Also, he asked me, and I accepted - if I would accept no reimbursement of costs, if BF sit down with me to discuss what dolls are allowed, and what dolls are not allowed, into the UK (the EU will follow).

It has been a big cost thus far - over £30K, but will be money well spent, if I can get BF to agree on a list of dolls or doll criteria that makes them legal.

So I am not out of deep water yet, but this hearing has given me buoyancy aids, and my case is now much stronger.
So no resolution yet, but no-one said bearing a cross would be easy (or inexpensive), but this is where I am.

[Karrot]

Thanks for the update Phil. Frustrating, yes, but better for you in the long run maybe.

K

[revoL annaerB]

Thanks for the update, Phil, I did type a big-arsed rant about the police and judicial system but you've already thought it all so don't need to hear it


I'll say one thing though, a 150cm doll was ordered and the prosecution said that at 150cm it would constitute a much clearer adult case for the doll, you and your customer cannot be held accountable if the item that was sent didn't fit that measurement!


Good luck, I'm rooting for you

[Snowcat]

Yes, the very best of luck, Phil. Enormously frustrating but I do hope that some good ultimately comes of it; specifically some proper guidelines on dimensions/importing for the future.

Fingers crossed.

[shamus]

Cheers for keeping us in the loop Phil.

I can hear your frustration at not being able to put this to bed.

The big question has to be would BF be bound by anything that they agree in a meeting with you? For them having the meeting saves them costs but will they consider themselves bound by what the person in the meeting agree's.

Small silver lining to this is that the legal fee's could be regarded as part of the cost of doing business (where legal costs for fighting HMRC are not allowable) so at least in a way you will be reducing the governments tax take as a result of their own silliness over this.

As for the poor Piper 150 destroyed because of this BF silliness.... Poor lass... I assume. Sometimes when the police state that evidence has been destroyed it just means that it disappeared from lock up!

Anyway, cheers for keeping us in the loop matey,

All the best,

Shamus.

[Bigjessy]

You are a hero sir. The police are ok with killers and rapists in their employ but they feel the need to destroy perfectly legal and healthy dolls which if we had more of maybe would lead to less crime from society (and the police!).