Taking Lemon Iced Tea Through Customs

[saintofsilence]

Tourist demands apology over wrongful drugs arrest

A TOURIST who spent five days behind bars on drugs charges for bringing lemon-flavoured iced tea into Australia has called for an apology from the officials who arrested her.

Wedding planner Maria Silva, 29, from the Philippines, was facing charges of concealing 2.4kg of amphetamine within three containers of iced tea she brought as a gift for a friend.

After spending five days in custody, further tests by a Federal Police forensic team revealed that the powdered tea formula did not contain any illicit substances.

"I want an apology," Ms Silva told AAP.

Still shocked after the ordeal, she described her time in custody as "terrible".

"It's just the worst thing you can imagine."

Ms Silva said she thought she may have been targeted.

"Maybe because I'm an Asian, I don't know."

source http://www.news.com.au/breaking-news/touri...0-1225842871229

[ALFREDO]

In January I flew with my Thai GF and our two small children to Penang-Island in Malaysia and brought for a 6 day stay 5 sealed aluminium bags of milk powder with me-the Formula my sons like, but not the carton-packing.

So I was already sure they will stop us after we had to load our belongings on a x-ray machine.

And so it happened-the officer looked at the suspicios bags and our boys and let us go.

Maybe, if he has a bad day he let me open the bags

And than the outcome can be different-see the story above.

You never know.

[mark5335]

I think this is unlikely to happen in Thailand.

However, at the risk of sounding insincere, the visitor to Australia should have read the customs declaration and warnings given by the flight crew against bringing food/bev items into Australia. If she had done so, and disposed of the tea containers in the bins provided after disembarkation (before immigration/customs), she would not have been put through this ordeal.

Although she may not have imported amphetamines into the country, she may still have technically breached the law through a false customs declaration pertaining to the tea containers.

[up-country_sinclair]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

[H2oDunc]

We are constantly bombarded with new rules and regulations all in the name of the war against terror. All these are meant to protect us whilst traveling. The trouble is they then give the job to apply these rules to semi literate idiots that are on the minimum wage. The whole concept of the rules and regulations are lost. There is NO common sense and as such the traveler is inconvenienced for no extra protection. Would you trust the safety of flying if we applied the same rules to employment to air traffic control as we do to security ? No ! I certainly wouldn't. It is also not limited to a country or a continent it is worldwide. Airport security is mostly given to the company that puts in the lowest tender.

As they say " You pay peanuts, You get monkeys! "

[Phil Conners]

^ So true!

[sibeymai]

We are constantly bombarded with new rules and regulations all in the name of the war against terror. All these are meant to protect us whilst traveling. The trouble is they then give the job to apply these rules to semi literate idiots that are on the minimum wage. The whole concept of the rules and regulations are lost. There is NO common sense and as such the traveler is inconvenienced for no extra protection. Would you trust the safety of flying if we applied the same rules to employment to air traffic control as we do to security ? No ! I certainly wouldn't. It is also not limited to a country or a continent it is worldwide. Airport security is mostly given to the company that puts in the lowest tender.

As they say " You pay peanuts, You get monkeys! "

Agree totally.

Case in point: on a recent trip back to Oz I purchased a battery powered "marital aid" of the type not usually available in LOS. I had it in my carry on luggage. Being an electrical type device it showed up on the x-ray. The over zealous customs officer proceeded to inspect the object and possibly thought I might be of some entertainment value when he pulled the object from the bag, held it above his head and demanded in a loud voice "What's this ?"

My retort, "well, if you don't know, mate, I can't help you" was met by chuckles by the surrounding passengers.

I think he was one of the monkeys H2oDunc was referring to.

[OZEMADE]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

RUBBISH!

Why should they apologise? Obviously she had not declared it on the declaration form, otherwise they would have just checked it and let her go through with the tea. Providing it was in sealed containers and allowed into the country via the quarrantine law's.

I think there will be a bit more to this story coming to fruition.

I THINK YOU LEFT A BIT OFF THE STORY.

Magistrate Jack Vandersteen yesterday ordered the Director of Public Prosecutions to pay Maria Cecilia Silva $5000 for her ordeal after she was arrested on March 13 at the airport.

A statement from Customs said the authority would write to Ms Silva "to personally express its regrets".

"Customs and Border Protection will assess its testing procedures in light of this case to see whether any improvements to presumptive testing are possible," the statement said.

Comment was being sought from the iced tea manufacturer Nestle.

Edited March 19, 2010 by OZEMADE

[doggie888888]

Although she may not have imported amphetamines into the country, she may still have technically breached the law through a false customs declaration pertaining to the tea containers.

1) Did she provide a false declaration? She may have declared it anyway, not being sure whether it is to be allowed or not. Hence she is not prosecuted nor fined for a false declaration.

2) Nestea is in dried powdered form; it is not necessarily illegal nor banned. As it says on the form, when in doubt, tick "YES-something to declare". I have brought in Chinese tea to Australia, declared it and it was no problem.

Whilst I understand the officers have a job to do, sometimes they tend to get a little over-excited like their little sniffer dogs.

[Payboy]

Of course, it was just the undeclared tea.

Racial profiling doesnt exist in Australia.

[neverdie]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

I disagree, she shouldnt of been taking the tea into australia in the first place. I hope they gave her a fine for not declaring it prior to her being released from jail

[ukrules]

Apparently $5000 costs were awarded against the police, presumably this is legal costs and not compensation.

What I am having trouble understanding is that I have seen the Aussie customs reality propaganda / reality style TV show which is broadcast on Satellite in the UK and they have drugs detectors which can identify which drug is supposedly present from a swab. If they used this detector properly how the hel_l can they get it so wrong ?

Edited March 19, 2010 by ukrules

[doggie888888]

Neverdie, I don't think it was clearly established she did not declare...she was charged with concealing amphetamines, not for concealing tea nor for providing a false declaration. As I said, I have actually brought tea to Australia and would have dumped it if it was clear that is a no-no, but my recollection was the form allowed you to declare a "not sure", which was what I did, and it was allowed in because it was properly sealed in vacuum packs.

Sure she deserves to be fined if she tried to hide the tea, but if she did not then I imagine she is indeed owed an apology.

[OZEMADE]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

I disagree, she shouldnt of been taking the tea into australia in the first place. I hope they gave her a fine for not declaring it prior to her being released from jail

Unfortunately they did not. Instead she received an apology, and was paid $1000.00 a day while in Customs Custody and said how great the prison Guards were.

They should have then took the dog outside and shot it.

[neverdie]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

I disagree, she shouldnt of been taking the tea into australia in the first place. I hope they gave her a fine for not declaring it prior to her being released from jail

Unfortunately they did not. Instead she received an apology, and was paid $1000.00 a day while in Customs Custody and said how great the prison Guards were.

They should have then took the dog outside and shot it.

Fekken hel_l, $1000 a day, plus free board, clothes and meals....where do I sign up, thats $365,0000 per year. Next your going to upset me and tell me its tax free.

Go to go book my next trip to Oz, with my special stash of lemon tea

[ukrules]

From what I've read about this via google news links this is the third time they have done this with lemon tea, well the third time they have noticed it anyway.

I don't believe any compensation was paid, just court costs awarded which will presumably pay for her lawyers.

[OZEMADE]

From what I've read about this via google news links this is the third time they have done this with lemon tea, well the third time they have noticed it anyway.

I don't believe any compensation was paid, just court costs awarded which will presumably pay for her lawyers.

Magistrate Jack Vandersteen yesterday ordered the Director of Public Prosecutions to pay Maria Cecilia Silva $5000 for her ordeal after she was arrested on March 13 at the airport.

A statement from Customs said the authority would write to Ms Silva "to personally express its regrets".

[wylergnu]

Of course, it was just the undeclared tea.

Racial profiling doesnt exist in Australia.

When you see some of the crap that Asian's try to bring into our country its fair enough I say. Insect infected herbs etc. I wouldnt take much for it to ruin our agriculture.

When I come back into the country I always make sure Im the one with the home made curry paste, dried shrimp etc. TG gets checked. I walk straight through.

[doggie888888]

From what I've read about this via google news links this is the third time they have done this with lemon tea, well the third time they have noticed it anyway.

I don't believe any compensation was paid, just court costs awarded which will presumably pay for her lawyers.

Magistrate Jack Vandersteen yesterday ordered the Director of Public Prosecutions to pay Maria Cecilia Silva $5000 for her ordeal after she was arrested on March 13 at the airport.

A statement from Customs said the authority would write to Ms Silva "to personally express its regrets".

Extract from The Age in Melbourne "...He (magistrate) struck out the charges and ordered costs of $5000 against police."

UKrules is correct; it's not compensation but costs which as a minimum is to be expected as it was all an error on the part of the authorities.

[saintofsilence]

She should now sue them for damages if that is possible.

[neverdie]

^there goest that business plan then

[CHdiver]

I do think the Australian Custom is a friendly and nice bunch of People, I really do. They did stand out positively against all other Custom and Immigration Officer I had the pleasure to meet around the world.. Yes some may have a bad day too, no reason to slag them off thought.

Now I will get some Ice Tea and book a flight. Need some cash. But first I have to get in contact with that wedding planer Girl to find out how to get some money from the Australian Government.

[jackspratt]

We are constantly bombarded with new rules and regulations all in the name of the war against terror. All these are meant to protect us whilst traveling. The trouble is they then give the job to apply these rules to semi literate idiots that are on the minimum wage. The whole concept of the rules and regulations are lost. There is NO common sense and as such the traveler is inconvenienced for no extra protection. Would you trust the safety of flying if we applied the same rules to employment to air traffic control as we do to security ? No ! I certainly wouldn't. It is also not limited to a country or a continent it is worldwide. Airport security is mostly given to the company that puts in the lowest tender.

As they say " You pay peanuts, You get monkeys! "

You (and your mate Mr Connors) really have no idea.

Your simplistic nonsense is so far wide of the mark as to be absurd. This story has nothing to do with "terror", nor "security".

If you are looking for a monkey in this story, have a look in the mirror - peanut indeed!

When Oz Customs detect drugs of the illicit kind (mistakenly or not) it is automatically handed to the Federal Police for further action.

(The lady was wronged, and deserves more than an apology).

[WarpSpeed]

We are constantly bombarded with new rules and regulations all in the name of the war against terror. All these are meant to protect us whilst traveling. The trouble is they then give the job to apply these rules to semi literate idiots that are on the minimum wage. The whole concept of the rules and regulations are lost. There is NO common sense and as such the traveler is inconvenienced for no extra protection. Would you trust the safety of flying if we applied the same rules to employment to air traffic control as we do to security ? No ! I certainly wouldn't. It is also not limited to a country or a continent it is worldwide. Airport security is mostly given to the company that puts in the lowest tender.

As they say " You pay peanuts, You get monkeys! "

You left out the real key..... "Power hungry" and with virtual impunity.....Otherwise, spot on..

And as for the OP, the Aussie government would be well advised to just have to provide an apology..

Edited March 19, 2010 by WarpSpeed

[neverdie]

We are constantly bombarded with new rules and regulations all in the name of the war against terror. All these are meant to protect us whilst traveling. The trouble is they then give the job to apply these rules to semi literate idiots that are on the minimum wage. The whole concept of the rules and regulations are lost. There is NO common sense and as such the traveler is inconvenienced for no extra protection. Would you trust the safety of flying if we applied the same rules to employment to air traffic control as we do to security ? No ! I certainly wouldn't. It is also not limited to a country or a continent it is worldwide. Airport security is mostly given to the company that puts in the lowest tender.

As they say " You pay peanuts, You get monkeys! "

You (and your mate Mr Connors) really have no idea.

Your simplistic nonsense is so far wide of the mark as to be absurd. This story has nothing to do with "terror", nor "security".

If you are looking for a monkey in this story, have a look in the mirror - peanut indeed!

When Oz Customs detect drugs of the illicit kind (mistakenly or not) it is automatically handed to the Federal Police for further action.

(The lady was wronged, and deserves more than an apology).

Rubbish Jack, The Police acted in good faith. They had reasonable cause to suspect that the POI was in possession of an illegal substance. She was detained and charged. It was later established to be frigging tea and she was released. She had obviously already gone to considerable cost with legal assistance etc (as you would, especially if innocent) and a Magistrate has formally awarded costs at court, when the Police withdrew the charges (at the first available opportunity, being the first court date). It would of been done that way because after the Police charge someone formally, they cannot 'uncharge', they have to proceed to court and withdraw the charges that way.

The Magistrate was fair in awarding costs, however I havent seen it noted or mentioned anywhere, where the Police were considered negligent or some form of misconduct was involved. The Police acted in good faith and were wrong and admitted it as soon as practically possible. She deserves nothing more.

Time to wake up jack and stop handing the tax payers money around as if its some permanent form of welfare. Simple stuff, now get back to work.

[neverdie]

We are constantly bombarded with new rules and regulations all in the name of the war against terror. All these are meant to protect us whilst traveling. The trouble is they then give the job to apply these rules to semi literate idiots that are on the minimum wage. The whole concept of the rules and regulations are lost. There is NO common sense and as such the traveler is inconvenienced for no extra protection. Would you trust the safety of flying if we applied the same rules to employment to air traffic control as we do to security ? No ! I certainly wouldn't. It is also not limited to a country or a continent it is worldwide. Airport security is mostly given to the company that puts in the lowest tender.

As they say " You pay peanuts, You get monkeys! "

You left out the real key..... "Power hungry" and with virtual impunity.....Otherwise, spot on..

And as for the OP, the Aussie government would be well advised to just have to provide an apology..

Another bleeding heart wanting a government to apologise. The Aboriginal people had to wait for 220 odd years to get their apology, so Mrs whateverhernameis might just have to get at the back of the line and wait her turn.

[remy1960]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

As said by mark, it's all on the customs declaration.

Did she declare the lemon iced tea?

[neverdie]

^Of course she didnt, it wouldnt of been an issue if she didnt have the stuff hiden and carry on like a prat about having her bag searched and all that (Im reading between the lines ).

[Beardog]

She deserves an apology.

The Australian govt. would be wise to issue one promptly.

I disagree, she shouldnt of been taking the tea into australia in the first place. I hope they gave her a fine for not declaring it prior to her being released from jail

Unfortunately they did not. Instead she received an apology, and was paid $1000.00 a day while in Customs Custody and said how great the prison Guards were.

They should have then took the dog outside and shot it.

Fekken hel_l, $1000 a day, plus free board, clothes and meals....where do I sign up, thats $365,0000 per year. Next your going to upset me and tell me its tax free.

Go to go book my next trip to Oz, with my special stash of lemon tea

Especially if that special STASH of lemon tea come from the Kings Cross area (on the benches right next to the police dept!) :D

[jackspratt]

^Of course she didnt, it wouldnt of been an issue if she didnt have the stuff hiden and carry on like a prat about having her bag searched and all that (Im reading between the lines ).

This is nearly as silly as what H2o wrote.

It seems clear that you find it hard to understand what is written in the lines, let alone between them. Acting in good faith, and being wrong, are two separate issues - you can have all the good faith in the world (and I am not saying the federal plods in this case didn't), but when someone spend 5 days in jail because they got it wrong, in my view that person is entitled to compensation.

I also note that customs are reassessing their initial tests - which I would have thought was well overdue if there had been problems with lemon tea before. And if that is the position, it would make the case for compensation even stronger.