Tochi admitted in his statements that he knew he had the capsules in his possession; and that he had agreed with Smith to deliver the capsules to Marshal for a promised payment of US$2000. In his judgement, Justice Kan Ting Chiu noted that Tochi might not have known that the capsules contained diamorphine. He wrote that ""There was no direct evidence that knew the capsules contained diamorphine. There was nothing to suggest that Smith had told him they contained diamorphine, or that he had found that out of his own."" "paragraph 42 SGHC 233". However, Kan found that the large sum promised should have raised suspicion. Smith was not a rich man. He did not have enough money to buy an air ticket for himself to go from Dubai to Indonesia to visit his sick friend. There must be a reason for Smith to offer him the large sum of US$2000 to deliver the capsules of herbs when he was already funding his passages to Dubai and to Singapore.