112 Malayan Law Journal [2017] 6 MLJ [33] We agree with the learned trial judge that the short messages sent by the appellant to Boshoff Jaco (see appeal record Vol 5 p 444) is indicative of the fact that the appellant knew what was concealed in the bag. A [34] Further, in her cautioned statement, D39 recorded on 15 September 2013, the appellant stated among others that: B On 09/09/2013, when I was walking alone, I bumped into a Nigerian guy at a luggage bag shop in Delhi city. I look for a new luggage since my bag was broken. The Nigerian guy (I can’t remember his name), ask me where I am from, what I was looking for, what was my planning after this and also my next destination. … C [35] To our mind, if the character George indeed exists, it defies common sense and logic that the appellant could not remember his name when she gave her cautioned statement barely a week after meeting him. Yet when the appellant gave her evidence more than a year later ie on 10 December 2014, she remembered and specifically mentioned the name of the Nigerian guy as George. This seems to us to be an afterthought. On the totality of the evidence, we agree with the learned trial judge that the character George is fictitious. In the circumstances, the failure to investigate George could not have adversely affected the prosecution case. [36] Contrary to the submission of learned counsel, we find that the learned trial judge has meticulously evaluated the defence. His Lordship considered the appellant’s evidence that the purpose of her travel to New Delhi and Johor Bahru was to look for honeymoon destinations (see appeal record Vol 1 p 31). His Lordship concluded that the evidence was highly improbable, reason being that the appellant could have asked her friend Monty who runs a travel agent to give her the suitable honeymoon destination. This conclusion in our view is not perverse. We similarly opine that the appellant’s version of the purpose of her travel was inherently improbable given that the appellant made no mention in her evidence as to the places she had visited in New Delhi and identified as the honeymoon destination. [37] We also find no error of law or fact in the learned trial judge’s rejection of the defence of innocent carrier and we agree with the following findings of His Lordship (appeal record Vol 1 pp 31–33): In so far as the defence of innocent carrier is concerned, in the recent case of Munuswamy Sundar Raj v Public Prosecutor [2015] 6 AMR 405 the Federal Court held that the defence of innocent carrier is a valid defence and whether it will succeed or not would very much depend on the facts of each case. … … Reverting to the facts of the instant case, assuming that ‘George’ had given her the trolley bag in New Delhi and she had willingly taken custody and was in control of D E F G H I

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