AF/3376/97

Prepared on the instructions of-

J Keith Park
Solicitors
Claughton House
39 Barrow Street
St Helens
Merseyside WAI0 1RX

By Mrs Anne Franc 11 March 1999

Member of the Institute of Biology, Chartered Biologist (specialist subject biochemistry) and formerly a senior scientist in the Home Office Forensic Science Laboratory at Aldermaston, specialising in drugs and toxicology.

Now head of the drugs division with Forensic Alliance Limited and Consultant to Forensic Access

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INTRODUCTION

This report outlines briefly the circumstances of this case as I understand them involving importation of methaqualone and phenobarbitone with which your client Demuni De SILVA has been convicted. This includes the part played by customs officers during and after the seizure of the four packages of powder, thereafter known as item FARRANT A. It continues with an outline of the evidence presented by the prosecution's forensic scientists, Mr Peter Cain and Mr Philip O'Neil, in relation to the powder containing phenobarbitone and methaqualone (item FARRANT A). It then goes on to describe my own findings, based on my examination of the only remaining sample of the powder item FARRANT A (stored under LGC reference 12831) at the Laboratory of the Government Chemist (LGC), Teddington, London. It then assesses these findings and those of the prosecution's scientist in relation to specific questions raised by yourselves regarding the original nature of the contents of the 4 packages of powder prior to their contents being bulked together and analysed by Mr Peter Cain at LGC. Finally it summarises the key points raised.

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Outline of the Circumstances of the Case Against Mr De SILVA

2. On 15 November 1989 at 12.25 hours, Officers of HM Customs and Excise at Felixstowe (including John Farrant and Lee Williams) boarded the M/V Lanka Amitha, where they met and talked to your client Demuni De SILVA, who believed them to be the persons to whom he was supposed to deliver some packages which were stowed on the ship. The Customs Officers then left but returned later the same day at 14.20 hours and took possession of four packages, of what were believed by them to be drugs, which were handed to them by Mr De SILVA. Customs Officer Farrant subsequently cut a small hole in one of the packages to reveal a brown powder.

3. Mr Farrant and Mr Williams then identified themselves to Mr De SILVA as Customs Officers and he was arrested at 14.30 hours. Mr Farrant secured the four packages and marked them FARRANT A and at 14.40 hours the packages were taken under the control of Mr J Gouldby (Customs Officer).

4. Mr Gouldby took charge of the four taped packages, one of which had a small hole in it with brown powder coming from it. At 18.07 hours Mr Gouldby carried out a "field test" of the brown powder in one of the four packages. He states that it reacted positively to the diamorphine test. At 18.15 hours, together with Mr Searle (Customs Officer) Mr Gouldby took the four packages, which were sealed, in two bags under seal EAI 8 to Felixstowe Queen's Warehouse, where they were lodged under reference L5SD 82/89.

5. On Friday I December 1989 Mr Farrant collected the four packages marked FARRANT A (sealed in two clear plastic bags under seal number East Anglia 18) from the Queen's warehouse at Felixstowe and took them to a secure area at Customs House, Lower Thames Street, London. On Monday 4 December 1989 he took them to the Laboratory of the Government Chemist (LGC) at Teddington.

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6. On 4 December 1989 item FARRANT A was examined by Mr Peter Cain of LGC and described as "Two clear plastic bags, each under plomb seal East Anglia 18 and each containing two packages". Each package comprised brown powder wrapped in clear plastic and brown adhesive tape.

7. Mr Cain removed the brown powder from the four packages and combined it to form one lot and labelled it Cain 7342/89. Mr Cain then returned the rest of item FARRANT A (the packaging) to Mr Farrant later on that same day.

8. Following analysis of the bulked powder sample and the subsequent reports of Mr Cain and Mr Philip O'Neil (also of LGC), Mr De SILVA was charged and convicted of: -

Count 1. Attempted importation of heroin.

Count 2. Importation of methaqualone and phenobarbitone.

9. He appealed against conviction on both counts and he was eventually found not guilty of Count 1 on appeal but remained convicted of Count 2 and served a 12 month prison sentence. Mr De SILVA is seeking to appeal again against his conviction on Count 2.

10. I understand that sometime after Mr De SILVA's conviction all of the original packaging from the four packages and the vast majority of the powder that was contained in them was destroyed by Customs and Excise and that the only sample of powder remaining is the 20g laboratory reference sample taken by Mr Cain at the time of his original analysis and stored under LGC laboratory reference number 12831.

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The Prosecutions Scientific Evidence in Relation to the Packages of Powder Known as Item FARRANT A

Mr Cain's evidence

11. In his statement dated 7 December 1989 Mr Cain reported that:-

- The combined weight of the brown powder CAIN 7342/89 (previously contained in the four packages FARRANT A) was 2.20 kg and it contained a minimum of 10% (ten percent) by weight of phenobarbitone and a minimum of 2% (two percent) by weight of methaqualone.

- He removed a 20g (twenty gram) representative sample of the brown powder from CAIN 7342/89 and labelled it CAIN 7342/89 SAMPLE. He also removed a further 20g (twenty gram) sample of the brown powder for inclusion in the laboratory reference collection.

Mr O'Neil's evidence

12. In his statement dated 16 December 1989 Mr O'Neil reported on:- (i) The general nature of illicit heroin samples originating from the Indian sub-continent including -

- How diamorphine is produced from morphine extracted from opium.

- Colour (light brown to chocolate)

- Diamorphine content (1% to 70%)

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Page 5 - Other chemicals apart from diamorphine that may be present in illicit heroin samples: -

(a) Opiates derived from opium, which have passed through the processing by which the heroin is made from opium. These include diamorphine, narcotine and papaverine.

(b) Adulterant, which are added after the heroin has been made and which increase the bulk of the material. The two most common prior to the time of writing his report were methaqualone and phenobarbitone, but with recent trends showing a decline in their use and an increase in the frequency of use of caffeine as an adulterant. He also states that many other adulterants including phenolphthalein have been identified by LGC and other laboratories.

(c) Recent trends of increasing narcotine content in heroin powders and other evidence (source unspecified) suggesting that narcotine (a bi-product of the extraction of morphine from opium and which can be isolated after the morphine has been separated) was at the time of his report being added as a powder to heroin after the synthesis of heroin from morphine. Thus the narcotine is alleged to have been used as an adulterant to increase the bulk of heroin powders.

(ii) His examination of the powder Reference collection sample 12831 (laboratory reference FD 7342/89 and Customs and Excise reference FARRANT A): he reported that he examined the brown powder Ref. No. 12831 and the experimental results obtained by Mr P Cain relating to the powder submitted as the item FARRANT A. He stated that the physical appearance and odour of the brown powder was very characteristic of that of heroin from SW Asia and that to an experienced drug analyst such a powder, a priori, would be presumed to contain diamorphine. He also stated that anyone conversant with the physical appearance of brown heroin would assume that the powder from FARRANT A was a typical heroin sample and that in his opinion anyone with a knowledge of illicit heroin would take the powder FARRANT A to be a

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Page 6 typical heroin sample.

(iii) The origin of the powder FARRANT A: he stated that chemical analysis of the powder by Mr Cain showed that it contained the opiates narcotine and papaverine and the adulterants methaqualone, phenobarbitone, caffeine and phenolphthalein and that the narcotine content of the powder was over 50% by weight. He goes on to say that in his opinion the likely explanation for the high narcotine content and the presence of typical heroin adulterants is that the powder of FARRANT A is a mixture of common heroin adulterants and powder containing narcotine, which in normal circumstances would be added as an adulterant to heroin. One explanation of this would be that those trafficking in heroin had no further heroin available for the intending purchaser and that a "rip-off" had occurred.

(iv) He went on to say that this was not the first occasion that a "heroin" sample analysed by the LGC had been found to contain no diamorphine and that other similar samples have been analysed by other UK Forensic Science laboratories.

My Examination

13. As instructed I visited the Laboratory of the Government Chemist (LGC) on 17 February 1999 and examined for myself all that remained of the powder which was originally part of FARRANT A and which was stored under the LGC reference collection number of 12831. I also examined all the available laboratory notes and analytical findings of Mr Cain who was present at the time of my examinations. I also questioned Mr Cain as to his preliminary handling and testing of the four packages of powder known as FARRANT A.

14. My examinations were directed towards the following questions: -

- What was the original nature of the four quantities of powder contained in the four packages FARRANT A and on what basis were they combined together prior to analysis? Were any preliminary chemical

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Page 7 tests carried out on the powders contained in the four packages prior to the contents of all four packages being combined together by Mr Cain or were they combined on the basis of visual appearance alone?

- Were the analytical results obtained from the combined powder sample in agreement with the reported drug content of that powder? How might that relate to or be affected by the original contents of the four individual powder samples prior to their combination.

- Based on my examination of the remains of the combined powder sample, what is its current nature and how does it relate to the tests and procedures carried out on it prior to my examination?

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OBSERVATIONS

My Examination of the Powder LGC Reference 12831 (formerly part of item FARRANT A)

General visual appearance and odour

15. The powder was mid brown in colour and consisted of a non-homogeneous mixture of fine mid-brown powder and mid-brown lumps of clumped powder.

16. It had a general opium/opiate type odour which is often associated with illicit heroin samples.

Reaction with Marquis reagent (a presumptive spot test for diamorphine and other opiates)

General background information on presumptive spot tests ("Field tests") to diamorphine and other opiates

Opiate drugs such as diamorphine give a characteristic purple colour reaction when tested with a reagent known as Marquis reagent. This reagent forms the basis of several commercially available drug test kits which are used by customs officers and police officers in the field to provide a preliminary presumptive identification of powdered drugs containing either opiates such as diamorphine or amphetamine. Marquis reagent is also widely used in forensic laboratories as a preliminary screening test, for powders, which might contain the aforementioned groups of drugs, prior to full instrumental analysis being carried out on them. In addition to the colours characteristic of opiates (purple) and amphetamine (orange) Marquis reagent will give a whole range of different colour reactions (e.g. red, blue, green etc.) with a wide range of drugs and also non-drug substances. 17. I have personally tested with Marquis reagent all of the substances mentioned in the statement of Mr O'Neil (LGC) as being in the powder sample from FARRANT A and also diamorphine. The colour reactions of these substances are listed below:-

diamorphine	-	purple
narcotine	-	purple
papaverine	-	purple
methaqualone	-	colourless

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phenobarbitone	-	colourless
caffeine	-	colourless
phenolphthalein	-	crimson

18. I tested the powder, originally part of item FARRANT A, with (a) Marquis reagent made by me to a recognised formulation and (b) with one of the commercially available marquis test kits namely "Narcotest". I tested the fine powder and the lumps separately and in all cases the powder gave a crimson colour characteristic of phenolphthalein and not the expected purple colour associated with opiates in general and diamorphine (heroin) in particular.

Retention of a sample of the powder for possible future testing

19. I weighed out 1.94 grams of the powder (LGC reference 12831) into a vial in the presence of Mr Cain. I labelled the vial AF/3376/97 DE SILVA. I then took the sample back with me and stored it securely on the premises of Forensic Alliance Limited, for future reference.

Further examination of the powder by microscopy

20. No microscopic facilities were available to me at the LGC and so, on 18 February 1998, I microscopically examined the sample of powder that I had retained at the premises of Forensic Alliance Limited.

21. Low power microscopy indicated the powder consisted of a mixture of fine brown powder, lumps of clumped brown powder and small amounts of what appeared to be fine off-white crystalline material.

22. High power microscopy combined with specialised lighting confirmed that all the elements of the powder were crystalline in nature and no herbal material (such as herbs or spices) was detected in it.

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Further spot tests on the powder

23. The crimson colour reaction that I observed during my visit to LCG when the powder was tested with Marquis reagent, appeared to corroborate the presence of phenolphthalein. This substance was reported to be present in the powder by Mr O'Neil (of LGC). Phenolphthalein is used as an indicator of acidity or alkalinity (pH) and it gives a pinky purple colour with sodium hydroxide (an alkaline substance). I therefore tested the retained sample of brown powder with sodium hydroxide and it too gave a pinky purple colour reaction, giving a further indication that phenolphthalein was present.

24. I have not to date undertaken any instrumental analysis of the brown powder.

Mr Cain's Examinations and Analyses

Initial examination and combination of four powder samples

25. Mr Cain's laboratory notes indicate that each of the four packages from item FARRANT A contained brown powder and that he removed the brown powder from each package and combined it and labelled it CAIN 7342/89. There is no detailed description of the powder originally in each package and no mention of any preliminary spot tests being carried out on the individual powders prior to them being combined. When questioned about the combination process Mr Cain thought it was unlikely that any spot tests had been carried out and the four brown powder samples were combined on the basis of general visual appearance alone.

26. The process of combining individual samples of powder from the same item which have an identical appearance is not an uncommon one in drugs analysis. However it is in my opinion usual for some sort of preliminary spot test (such as a Marquis test) to be carried out on the individual samples prior to their combination to try to ensure that powders that look similar but are of different chemical composition are not combined. Not all drug testing laboratories combine samples in this way and in the case of larger samples (such as the ones in this case) even laboratories who normally combine smaller samples might well analyse each powder sample

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separately to identify their components, before combining them for quantitative analysis, if they all proved to contain the same components.

27. The initial combination of the contents of the four packages by Mr Cain based on appearance alone was therefore in my opinion a flawed procedure. This is because having combined the samples it is not possible to ascertain whether all of the four powder samples originally contained all of the substances mentioned in the statements of Mr Cain and Mr O'Neil and were indeed identical in composition and appearance or whether individual components were contained in different powder samples and were only brought together as a result of Mr Cain's combination procedure.

The techniques used qualitatively and quantitatively to analyse the combined powder sample CAIN 7342/89 (formerly part of item FARRANT A)

28. The techniques used to analyse the brown powder included thin layer chromatography (TLC), infra red spectroscopy (IR), high pressure liquid chromatography (HPLC) and mass spectrometry (both gas chromatography linked (GC/MS) and probe (MS/probe)) -

Background information on thin layer chromatography (TLC)

In this method of analysis, chemical constituents of materials are extracted into a solvent and then concentrated by evaporation. A small spot of the extract is then placed on a thin film of adsorbent material, which is typically a powder spread over and securely adhering to a plastic sheet one end of the film is then left dipping into a liquid. In a fashion similar to that where the coloured components of an ink blot on blotting paper are separated by a liquid, the slow soaking up of the liquid from one end of the film to the other, through the spot of the extract, causes the individual components in that extract to become separated. Depending on the liquid chosen, different components within the extract will travel different distances up the film. After a time the film is removed from the liquid and dried. The positions of the separated components can then be seen directly or after spraying the plate with a visualising chemical spray and those in the sample can be compared to authentic reference standards which are usually spotted adjacent to the sample extract.

Background information on infra red spectroscopy (IR)

Certain materials are capable of absorbing infra red radiation of different frequencies and in different amounts, depending on the nature of the material concerned. Different molecular bonds and combinations of bonds within the material absorb

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Page 12 radiation at specific frequencies or wavelengths. The result is a spectrum, which is characteristic of the material as a whole and its molecular constituents. Pure or nearly pure substances will give infra red spectra which can be compared to standard spectra to identify the substance concerned. Materials which composed of a mixture of substances will give combination spectra which are usually not so readily identified.

Background information on high performance liquid chromatography (HPLC)

In this method of analysis the chemical components of a known of a known weight of material are extracted into a solvent and a minute portion of this extract is injected into a stream of liquid flowing through a small diameter tube under high pressure. The various constituents of the sample interact differently with an adsorbent material packed into the tube and the liquid flowing through it. As a result, the various components of the mixture emerge separately at different times, from the end of the tube. A detector senses their presence in the flowing liquid and this information is recorded in the form of a graph. By appropriate calibration of the equipment, the amounts as well as the presence of the components, in this case Phenobarbitone, Methaqualone, Narcotine, Papaverine and Caffeine can be calculated.

Background information on gas chromatography mass spectrometry (GCMS)

Gas chromatography (GC) separates the constituents of, a mixture and allows the type and if required the amount of each component to be determined. Essentially a small volume of a solution of the sample to be analysed is injected into a stream of gas entering a long, small diameter, heated tube (the GC column). The various constituents of the sample each have a different interaction with the adsorbent material that lines the column, and the gas stream and they will therefore emerge separately and at different times from the other end of the column. The stream of gas and the separated compounds then pass into the Mass Spectrometer, where individual compounds are broken down into smaller component parts (ions) in a way which is characteristic of the compound concerned. The resulting "breakdown pattern" and display showing the separated components (chromatogram), are presented graphically on a visual display unit (VDU) and/or on paper. The breakdown pattern is essentially unique to each and every organic compound and the results of this test can establish unequivocally the identity of the substance being tested.

Background information on mass spectrometry using probe (MS/probe)

In this form of mass spectrometry there is no preliminary separation of components from a mixture by gas chromatography and a solid sample is introduced directly into the Mass spectrometer, where individual compounds are broken down into smaller component parts (ions) in a way which is characteristic of the compound concerned. The resulting "breakdown pattern" is presented graphically on a visual display unit (VDU) and/or on paper. The breakdown pattern is essentially unique to each and every organic compound and the results of this test can establish unequivocally the identity of the substance being tested. This technique can be used to analyse compounds, which do not separate well or are broken down by gas chromatography.

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29. I have examined the laboratory records of Mr Cain which were unfortunately incomplete, there being no visual record of the TLC carried out and due to the age of this case no GC/MS chromatograms (hard copies or on computer disc) were available for inspection. I understand that results of this kind are held on computer disc by the analytical section concerned and are normally destroyed after 6 years.

Mr Cain's records did contain a Specialised Analytical Services Request Form which had on it a written report signed by the mass spectroscopist who ran the sample stating that the major components identified by GC-MS were caffeine, phenobarbitone and methaqualone plus a small amount of pyridine carboxamide (otherwise known as nicotinarnide a B vitamin.) and that heroin was "not observed". It also stated that probe MS had also detected narcotine.

30. Notes written in Mr Cain's casebook suggest that TLC systems used indicated the presence of narcotine and papaverine and possibly phenobarbitone and methaqualone.

31. There was an infra red spectrum of the powder available which was impure but indicated the presence of narcotine possibly mixed with phenobarbitone.

32. The HPLC results confirmed the presence of the following drugs in the following approximate concentrations:-

- methaqualone approx. 2%

- narcotine over 50% (approx. 55%)

- papaverine less than l%

- caffeine approx. 4%

- phenobarbitone not less than 10% (approx. 13%)

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33. The HPLC chromatograms also showed four minor peaks, which do not appear to have been identified

34. I can find no mention in the analytical results (made available to me by Mr Cain) of any phenolphthalein although my spot tests seem to confirm its presence in the powder. I can only assume that it might have been a more minor component found in the GC/MS or HPLC results by Philip O'Neil when he looked at Mr Cain's original analytical results.

35. I am satisfied that the techniques used by Mr Cain and his colleagues would have been sufficient to identify and/or quantitate all of the drugs mentioned in the reports of Mr Cain and Mr O'Neil although I cannot confirm the results of the GC/MS analysis.

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DISCUSSION

The Appearance and Drug Content of Illicit "Heroin" Powders (genuine and counterfeit)

In general

36. Heroin is the name given to a powder containing diamorphine and other related impurities and adulterants. It is also the common name for diamorphine itself.

37. A genuine illicit heroin powder would normally contain a substantial amount (typically between 10 and 70%) of diamorphine. As a result of the process by which diamorphine is made from morphine derived from opium the powder will frequently contain other opiates such as monoacetylmorphine, acetylcodeine, narcotine and papaverine, usually in lesser amounts than the diamorphine itself. The "heroin" powder may or may not contain adulterants such as phenobarbitone, methaqualone, caffeine, paracetamol, procaine, phenolphthalein etc.

38. Diamorphine can be degraded to monoacetylmorphine under adverse storage conditions and occasionally genuine "heroin" powders are encountered where the major component is monoacetylmorphine and not diamorphine.

39. There have been reported seizures of brown powders, which resemble heroin powder in appearance but do not contain any diamorphine or indeed in some cases any opiates. Narcotine powder as mentioned by Mr O'Neil is a bi-product of diamorphine production but another substance commonly known as "Bash" has a physical appearance resembling heroin but consists largely of paracetamol.

40. Other powdered drugs besides diamorphine are illicitly produced in places like the Indian subcontinent and they will not necessarily be in the form of white powders as is the case with their legitimately made counterparts. Some (e.g. paracetamol) may come in the form of brown powders, which could resemble "heroin" powder.

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In this case

41. According to Mr Cain's Notes and statement the four original samples of powder in this case were all brown in colour but he makes no mention of whether the appearance and odour of each one resembled that of a genuine "heroin" powder.

42. The combined powder sample that both Mr O'Neil and I examined was also brown in colour. According to Mr O'Neil the physical appearance and odour of this brown powder was very characteristic of that of heroin from SW Asia and that an experienced drug analyst would presume it contained diamorphine. He goes on to say that anyone with knowledge of illicit heroin would take it to be a typical heroin sample. From my examination of the powder I would go no further than to say that it resembles genuine heroin powder in appearance and odour. The odour referred to is a general opiate/ opium type odour, which is not specific to genuine "heroin" powders containing diamorphine.

43. The powder in this case is definitely not a genuine "heroin" powder, as it contains no diamorphine or monoacetylmorphine. The combined powder sample contained the opiates narcotine and papaverine plus methaqualone, phenobarbitone, caffeine and phenolphthalein. However because of the combination process carried out by Mr Cain nobody can now be sure what the four original powder samples from FARRANT A contained. They may indeed have all contained a combination of the aforementioned drugs or it is equally possible (given that other illicitly produced drugs besides diamorphine could be brown in colour) that each one contained a different drug or combination of drugs. If the latter were the case then it would weaken the argument that the drugs found were specifically combined to produce a "rip-off" as Mr O'Neil suggests.

44. The fact that the precise nature or chemical make-up of the four original powder samples from the four packages is in doubt leads to the question as to whether the act of combining the four powders which may not all have had the same composition could have led to the production of a controlled substance such as phenobarbitone or methaqualone from a hitherto uncontrolled substance or substances. Although some chemical changes (usually in the form of diamorphine

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degradation) can occur in badly stored genuine "heroin" powders, I do not know of any way that any of the uncontrolled substances found in this case could have been chemically transformed into either phenobarbitone or methaqualone which are controlled.

The Reaction of "Heroin" Powders (Genuine and Counterfeit) with Marquis Reagent

In general

45. A genuine illicit heroin powder containing diamorphine would be expected to give a purple colour reaction when tested with Marquis reagent. However a counterfeit heroin powder which contained no diamorphine but did contain any of the other opiates including narcotine or papaverine would also be expected to give a purple colour with Marquis reagent. A genuine or a counterfeit heroin powder containing any appreciable amounts of phenolphthalein would probably not give a purple colour with Marquis reagent but would give the crimson colour characteristic of phenolphthalein instead. Powders containing methaqualone and/or phenobartbitone but no opiates would not be expected to give a colour reaction with Marquis reagent.

In this case

46. The powder from FARRANT A has apparently been tested with Marquis reagent on two separate occasions. The first occasion involved a Customs officer testing of one of the packages of uncombined powder, soon after the four packages had been seized. The second occasion was when I tested the combined powder (LGC reference number 12831) during my visit to LGC.

Testing of the powder by Customs Officer John Vere Gouldby on 15 November 1989

47. Mr Gouldby reported in his statement that he carried out a "field test" of the brown powder in one of the four packages (FARRANT A) and that it reacted positively to a diamorphine test. This test almost certainly involved the use of Marquis reagent and Customs Officers using field test kits should know and

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recognise a positive for diamorphine as being the development of a purple colour. If any colour other than purple was seen then the result of the test should have been recorded as negative for diamorphine.

48. The remaining three packages were not (as far as I am aware) subjected to any kind of field test or visually examined in detail prior to their submission to LGC.

My testing of the powder

49. I tested what remained of the combined powder sample (LGC Ref. 12831) at the LGC. This powder did not give a positive reaction consistent with the presence of an opiate such as diamorphine, but it gave a crimson colour indicative of the presence of phenolphthalein instead.

50. There is therefore apparently a discrepancy between the results obtained from testing one of the four uncombined samples of powder and the results obtained from testing the powder sample resulting from the combination of all four samples of powder by Mr Cain. This discrepancy could be explained in one of two ways:-

- the chemical composition of the one individual sample of powder tested by Mr Gouldby was not the same as the chemical composition of the combined powder sample that I tested and therefore the two test results were different. A positive diamorphine test, as noted by Mr Gouldby, infers that the colour reaction was purple indicating the presence of an opiate like narcotine and the absence of any appreciable amounts of phenolphthalein. A crimson colour, as noted by myself, indicates the presence of phenolphthalein and masks any colour reaction given by the opiates, which according to LGC analytical results were present in this combined powder sample; or,

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the colour reaction obtained by Mr Gouldby was not purple but was in fact crimson (indicating the presence of phenolphthalein) and was mistaken by Mr Gouldby as a positive reaction for diamorphine. This explanation infers that Mr Gouldby was not an experienced user of the field test kit.

51. We do not know what the colour reactions of the other three individual samples of powder would have been in relation to the bulked sample, as they were not tested by Mr Gouldby.

Expert Knowledge Regarding the Composition of Illicit Heroin Powders

In general

52. The detailed composition of illicit heroin powders, apart from the fact that they should contain diamorphine or heroin (as it is commonly known), would not be common knowledge. Only the persons responsible for producing the heroin powder in its country of origin, or adding adulterants prior to selling it on the domestic market or drugs analysts acting for the law enforcement agencies (such as Mr Cain and myself are likely to know what drugs a typical heroin powder might contain.

In this case

53. In this case it is suggested that Mr De SILVA knew that the packages contained methaqualone and phenobarbitone and that he was party to a rip off. Although it is possible but by no means certain that Mr De SILVA might know, from experiences in his own country, what genuine "heroin" powder usually looked like, it does not seem likely that he knew what drugs were actually contained in the four packages. Indeed as a result of the doubt cast on the original composition of the contents of the four packages seized from him, not even experienced analysts such as myself or Mr Cain can be sure which drugs each of the packages originally contained. The only way Mr De SILVA could have intimate knowledge of the drug composition of the powders was if (a) he was involved in their production, which has

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never been suggested or (b) if the producer actually gave him the packages in person and told him what was in them, which seems very unlikely.

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SUMMARY

54. The powder in this case was not genuine heroin powder and no diamorphine was detected in it. The bulked powder sample that both I and Mr O'Neil of LGC examined resembled genuine heroin powder in general appearance and odour. It did not however give the characteristic purple colour with Marquis reagent, which one would expect from a powder of this type. It gave a crimson colour indicative of the presence of phenolphthalein instead.

55. The sample of powder I examined was produced by Mr Cain of LGC when he combined the four powder samples originally contained in the four packages from item FARRANT A. Apparent discrepancies in the results of spot tests, carried out by Customs Officer Gouldby and myself on one original uncombined powder sample and the combined powder sample respectively, casts doubt on whether or not the drug contents of the four individual packages of powder (as seized from Mr De SILVA) were the same as the drug content of the combined powder sample.

56. Although the combination of the four powder samples might have brought together drugs that were not originally in combination, I know of no process by which this could have converted previously uncontrolled substances (in the four powder samples) into the controlled drugs, methaqualone and phenobarbitone which were found in the combined powder sample.

57. In my opinion it is very unlikely that Mr De SILVA would have known the actual composition of the powder samples contained in the four packages seized from him by Customs Officers. Intimate knowledge of the composition of powders of this type would normally be limited to the producers of them and drugs analysts working for the law enforcement agencies.

FORENSIC ACCESS

11 March 1999