A conviction for being knowingly concerned in the fraudulent evasion of a prohibition on the importation of cocaine was safe in circumstances where the judge had been right in giving a direction under the Criminal Justice and Public Order Act 1994 s.34 enabling the jury to draw an adverse inference from the defendant's reliance at trial on facts that he had failed to mention earlier.

CA (Crim Div) (Mantell LJ, Penry-Davey J, Judge Fabyan Evans)

04/05/2000