Evidence of enquiry about a chemical reducing agent used in MDMA manufacture lacks significant probative value as tendency evidence to prove knowledge that a consignment contained MDMA, where there is no suggestion of MDMA manufacture. A consciousness of guilt direction is required where the Crown relies on conduct during the commission of an offence (such as alleged destruction of a listening device) as evidencing consciousness of guilt, even though the conduct is not strictly 'post-offence'. Trial counsel's request that the Crown tender irrelevant and prejudicial evidence can amount to flagrant incompetence causing a miscarriage of justice.
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