The appellant was convicted of importing cocaine after border officers found nearly three kilograms of the drug hidden in the false bottom of his carry-on suitcase.
On appeal, he argued the trial judge erred by failing to give a fabrication instruction regarding his statements to border officers and by characterizing Crown witnesses as 'professionals' who took notes compared to 'civilian' witnesses.
The Court of Appeal dismissed the appeal, finding that while the jury instructions were flawed in both respects, the errors did not prejudice the appellant's right to a fair trial given the overwhelming independent evidence of fabrication and trial counsel's strategic decision not to object.
