Mohammad Farid bin Batra v Public Prosecutor and another appeal and other matters

• Jurisdiction: Singapore
• Judge: Sundaresh Menon CJ
• Judgment Date: 26 March 2020
• Neutral Citation: [2020] SGCA 19
• Citation: [2020] SGCA 19
• Defendant Counsel: Terence Chua, Jason Chua and Chong Yong (Attorney-General's Chambers)
• Published date: 05 May 2020
• Hearing Date: 18 August 2017,26 March 2018,12 February 2018,17 October 2019
• Plaintiff Counsel: Bachoo Mohan Singh and Too Xing Ji (BMS Law LLC),Thangavelu (Thangavelu LLC), Eugene Thuraisingam and Syazana Yahya (Eugene Thuraisingam LLP)
• Date: 26 March 2020
• Court: Court of Appeal (Singapore)
• Docket Number: Criminal Appeals Nos 17 and 19 of 2016 and Criminal Motions No 5 of 2017 and No 4 of 2018
• Subject Matter: Criminal Law,Statutory offences,Misuse of Drugs Act

Tay Yong Kwang JA (delivering the judgment of the court): Introduction

The appellants are Mohammad Farid bin Batra (“Farid”), a 47-year-old male Singaporean, and Ranjit Singh Gill Manjeet Singh (“Ranjit”), a 46-year-old male Malaysian. They were found guilty and convicted of trafficking in not less than 35.21g of diamorphine (ie, heroin) in 2016 after a joint trial before a High Court Judge (“the Judge”), an offence which carries the death sentence.

The Judge found that Ranjit was a courier within the meaning of s 33B(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”). As the Public Prosecutor had issued a certificate of substantive assistance to Ranjit, the Judge exercised her discretion not to impose the death penalty and sentenced Ranjit instead to life imprisonment and the mandatory 15 strokes of the cane. The Judge held that Farid was not a mere courier. In any event, Farid did not receive a certificate of substantive assistance from the Public Prosecutor. Accordingly, the Judge imposed the mandatory death sentence on him.

Criminal Appeal No 17 of 2016 (“CCA 17/2016”) and Criminal Appeal No 19 of 2016 (“CCA 19/2016”) are, respectively, Farid’s and Ranjit’s appeals against conviction and sentence. Farid is appealing against his conviction on the ground that he did not have the intention of trafficking the drugs. For his appeal against sentence, he contended that the Judge was wrong to find that he was not a courier. Ranjit’s argument on appeal was that he had no knowledge of the nature of the drugs that were in his possession. Ranjit also made several complaints against his former defence counsel alleging that they had not conducted his defence at trial according to his instructions and thereby deprived him of the opportunity to put across his intended defence. This allegation was the subject of a criminal motion before us to adduce further evidence which we discuss subsequently in this judgment.

On 17 October 2019, we reserved judgment in Farid’s appeal and dismissed Ranjit’s appeal. In this judgment, we uphold Farid’s conviction but find that Farid was a courier for the drug transaction in question. However, since the Public Prosecutor did not issue Farid a certificate of substantive assistance, this finding has no effect on the sentence imposed. In Ranjit’s appeal, apart from giving our reasons for dismissing his appeal, we also discuss the principles involved in determining allegations made by accused persons against their counsel pertaining to non-compliance with instructions and inadequate legal assistance.

Background Facts of the arrest

The factual background was set out in a Statement of Agreed Facts. On 6 February 2014, at about 6.10pm, a party of officers from the Central Narcotics Bureau (“CNB”) was despatched to conduct surveillance in the vicinity of Choa Chu Kang Way on Farid who was expected to be using a car bearing registration number SJK 5768J (“the Car”). The CNB officers were also told to look out for a Malaysian-registered bus which was suspected to be carrying a consignment of drugs.

At about 8.35pm, a Malaysian-registered bus bearing registration number JHD 5635 (“the Bus”) was seen parked beside the multi-storey car park at Block 610A, Choa Chu Kang Way.

At about 9.20pm, the Car, whose driver was later identified as Farid, was seen travelling along Choa Chu Kang Way and making a U-turn. Shortly thereafter, the Car stopped in front of the Bus. A male Indian, later identified as Ranjit, alighted from the Bus. Ranjit was observed to be carrying a white plastic bag in one hand. Ranjit walked towards the Car. Through the open window at the front passenger side of the Car, Ranjit placed the said plastic bag on the front passenger seat. Farid then passed Ranjit a red and yellow package. Ranjit walked back to the Bus and boarded it. Thereafter, both of them went their separate ways in their respective vehicles.

The Car and the Bus were followed separately by two groups of CNB officers. At about 9.25pm, the CNB officers intercepted the Car at the slip road of Choa Chu Kang North 6 and Choa Chu Kang Drive, beside Yew Tee MRT station and placed Farid under arrest. At about 10.10pm, the CNB officers intercepted the Bus along Seletar Expressway and arrested Ranjit. Inside the Bus, the CNB officers found two envelopes under the driver’s seat containing $4,050 and $1,470 in cash.

Inside the Car, a white and black plastic bag with the word “ROBINSONS” was recovered (“the Robinsons Bag”). The Robinsons Bag contained a blue plastic bag containing another blue plastic bag containing three bundles wrapped in newspapers. One of the bundles contained one plastic packet containing a brownish granular/powdery substance. The other two bundles each contained two plastic packets containing a brownish granular/powdery substance. In total therefore, there were five such plastic packets.

The five plastic packets containing the brownish granular/powdery substance were sent to the Health Sciences Authority (“HSA”) for analysis. The HSA found that the five packets collectively contained not less than 1,359.9g of granular/powdery substances which contained not less than 35.21g of diamorphine (“the drugs”).¹

After Farid’s arrest, the CNB officers recorded his statement and then escorted him to his flat in Choa Chu Kang Street 52 which was his residential address on record. They did not find anything incriminating in his flat. Upon further questioning about whether there was anything else in Farid’s unit at the Regent Grove Condominium (“the Unit”), Farid answered in English “Got balance. About half.” This was recorded by a CNB officer. Farid was then escorted to the Unit. The CNB officers entered the Unit using the combination lock number given by Farid and his keys. Inside the Unit, Farid told the CNB officers where he kept the “balance” packet. Among other things, numerous empty plastic packets, two electronic weighing scales and a total of $13,888 in cash were found and seized.

The charges

Farid faced three charges under the MDA. The Prosecution stood down two of the charges at the start of the trial in the High Court and proceeded with the first charge, which was a capital charge. The first charge under s 5(1)(a) read with s 5(2) of the MDA was as follows:²

That you, [MOHAMMAD FARID BIN BATRA] on 6 February 2014, at or about 9:25 p.m., inside a car bearing registration number SJK5768J, at the slip road of Choa Chu Kang North 6 and Choa Chu Kang Drive, beside Yew Tee MRT Station, Singapore, did traffic a Class A Controlled Drug listed in the First Schedule to Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (the “Act”), to wit, by having in your possession five (5) packets containing not less than 1,359.9 grams of granular/powdery substance which was analysed and found to contain not less than 35.21 grams of diamorphine for the purposes of trafficking, without any authorisation under the Act or the Regulations made thereunder and you have thereby committed an offence under Section 5(1)(a) read with Section 5(2) and punishable under Section 33(1) of the Act, and further upon your conviction under Section 5(1)(a) of the Act, you may alternatively be liable to be punished under Section 33B of the Act.

Ranjit faced one charge under s 5(1)(a) of the MDA. His charge reads as follows:³

That you, [RANJIT SINGH GILL MANJEET SINGH] on 6 February 2014, at or about 9.20 p.m., along Choa Chu Kang Way beside Block 610A multi-storey car park, Singapore, did traffic a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (the “Act”), to wit, by giving five (5) packets containing not less than 1,359.9 grams of granular/powdery substance, which was analysed and found to contain not less than 35.21 grams of diamorphine, to one Mohammad Farid Bin Batra (NRIC No. S72XXXXXX), without any authorisation under the Act or the Regulations made thereunder and you have thereby committed an offence under Section 5(1)(a) and punishable under Section 33(1) of the Act, and further upon your conviction under Section 5(1)(a) of the Act, you may alternatively be liable to be punished under Section 33B of the Act.

Statements by Farid and Ranjit

The CNB recorded the following statements from Farid: Three contemporaneous statements on the night of the arrest. They were marked Exhibits P122⁴, P123⁵ and P124⁶; One cautioned statement recorded on 7 February 2014 which was marked as Exhibit P125⁷; and Five long statements recorded between 9 and 14 February 2014. These were marked Exhibits P128⁸, P129⁹, P131¹⁰, P132¹¹ and P133.¹²

The pertinent portions of Farid’s statements can be summarised as follows: Farid knew the Robinsons Bag contained heroin but he did not know its quantity.¹³ He had collected it on the instructions of a person known to him as “Abang”.¹⁴ Farid had been working for Abang for about two weeks prior to his arrest. In those two weeks, he had collected three drug consignments, inclusive of the consignment on the day of his arrest (the Robinsons Bag). He would be paid a salary of $300 per pound of heroin that he helped to repack and/or deliver. However, he had not received any payments from Abang at the time of his arrest because he had not discussed payment terms with Abang yet.¹⁵ Farid admitted that the empty plastic packets and two electronic weighing scales found in the Unit belonged to him and were used by him to weigh and pack the heroin that he collected on Abang’s instructions.¹⁶ With one of the weighing scales found in the Unit, Farid would weigh the heroin so as to pack it into half or one-pound orders. With the other weighing scale, he would weigh the heroin so as to pack it into small packets of 7.7-7.9g.¹⁷ Prior to his arrest, he had received two consignments of drugs from Abang.¹⁸ Farid elaborated that on 4February 2014, he received two pounds of heroin from a Chinese woman. On 5 February...