108
Malayan Law Journal
[2017] 6 MLJ
[14] After being told that the appellant was looking for a luggage shop, the
African guy named George told the appellant that he had an extra luggage at
home and that he could give her instead of her buying a new one.
[15] On the day before the appellant left New Delhi, George called the
appellant and told her that he was on the way to meet her. George then came
to the appellant’s room and gave the luggage to her. The appellant transferred
her clothing from her old bag to the bag given by George. After helping the
appellant to discard the old bag, George left.
[16] From New Delhi airport, the appellant took a flight to Johor where she
transited at the Kuala Lumpur International Airport. When the appellant
arrived at Senai International Airport, she collected her bag P13A and went
through the customs check point.
[17] The appellant denied any knowledge of the drugs concealed in the bag.
Her defence was one of innocent carrier.
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FINDINGS AT THE END OF THE DEFENCE CASE
[18] The learned trial judge acknowledged that the main line of the defence
was that she has no knowledge of the drugs that were found in bag P13A which
was given to her by George.
[19] His Lordship considered whether the person named George was a
fictitious character. The learned trial judge observed that the appellant revealed
no particulars of George. The appellant did not remember George’s phone
number and neither did she save his number in the ‘contact’. His Lordship
however found from the forensic report of the appellant’s handphone (‘P35A’)
that there were text messages sent by the appellant to one Boshoff Jaco when
the appellant’s bag was being searched by the customs officers.
[20] Having evaluated the oral evidence and the cautioned statement
(‘D39’) which made no mention of George or Boshoff Jaco, the learned trial
judge found that the defence was highly improbable and that George was a
fictitious character.
[21] His Lordship nevertheless considered the defence of innocent carrier by
making reference to the line of authorities and he also considered the conduct
and the reaction of the appellant upon the bag being searched. In the
circumstances of the case, His Lordship rejected the defence of innocent carrier
put forth by the appellant.
[22]
Having found that the appellant failed to cast any reasonable doubt on
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