(4) Once the luggage had been searched and the cigarettes found, Officer Crowley asked Mr Maher whether the cigarettes were for Mr Maher’s use. Mr Maher replied yes, but his son then said “don’t you sell them, Dad?” Mr Maher replied “No, they’re for me”. This unusual exchange meant that Officer Coley had a clear recollection of the interview. He did not agree with Mr Maher’s statement that his son had said “don’t you smoke them, Dad?”
DOH!! Though luckily for him in that respect
28. We note the evidence as to the question from Mr Maher’s son but have not paid any particular attention to it: we prefer Officer Cowley’s evidence as to the exact words of the question but consider that the question could equally have been inappropriate mischief on the part of a bored and/or tired nine year old. In the light of the other evidence set out above, we did not consider that it was necessary to try to determine whether it had been intended seriously.
Still lost though