Public Prosecutor v Goh Choon Meng

• Jurisdiction: Singapore
• Judge: Chan Seng Onn JC
• Judgment Date: 08 March 1999
• Neutral Citation: [1999] SGHC 58
• Court: High Court (Singapore)
• Year: 1999
• Published date: 05 March 2013
• Plaintiff Counsel: Anandan Bala assisted by Wendell Wong and Mohd Naseer [Attorney-General's Chambers]
• Defendant Counsel: Chua Teok Leong [Chua Teck Leong & Partners] assisted by Lee Yuen Wai [Y W Lee & Partners]
• Citation: [1999] SGHC 58

Judgment:

The accused was tried on the following charge:

That you, Goh Choon Meng, on or about the 31^st day of August 1998, at about 7.15 am, in a motor vehicle bearing registration number No. JDE 5478 at the Customs checkpoint of Woodlands Checkpoint, Singapore, did import a controlled drug specified in Class "A" of the First Schedule to the Misuse of Drugs Act, Chapter 185, to wit, 9 packets of diamorphine weighing not less than 167.86 grams, without any authorisation under the said Act or the regulations made thereunder, and you have thereby committed an offence under section 7 and punishable under section 33 of the Misuse of Drugs Act.

2. The prosecution led evidence to show that the accused, a 23 year old male Malaysian, had on 31 August 1998 at about 7.15 am, driven a Malaysian registered Proton Wira car bearing registration number JDE 5478 (‘the car’) through the Woodlands Checkpoint. He was alone in the car when he was flagged down by Cpl Lincoln Lucas (‘PW1’), who was on duty at the customs checkpoint. PW1 took the passport of the accused for registration and directed the accused to park his car at the vehicle examination bay.

3. At the examination bay, SC Mohd Adrian bin Reindio (‘PW2’) instructed the accused to switch off the engine and step out of his car. After he alighted, PW2 asked the accused to open up the boot for inspection. The accused used the quick release latch to unlock the boot. When the boot was opened, PW2 saw that it was empty except for an umbrella. PW2 then instructed the accused to lift up the wooden board covering the spare tyre in the boot. According to PW2, the accused only lifted up the board revealing half of the spare wheel and hurriedly closed it by letting it down. Dissatisfied, PW2 instructed the accused to lift up the whole wooden board so that he could see the entire spare tyre compartment. The accused complied.

4. PW2 found some red plastic bags and several packets of yellowish substance hidden at the rear of the spare tyre compartment (photograph P8). On suspecting that the packets contained illicit drugs, PW2 immediately arrested the accused by holding the accused’s left upper arm with his right hand. PW2 felt that the accused tried to struggle free when he jerked his left arm away causing PW2 to lose his grip. PW2 quickly grabbed hold of the accused’s left upper arm with both hands and shouted to PW1 for assistance.

5. PW2 testified that he asked the accused "Apa itu?", meaning "what is this?" in Malay, when he first saw the hidden packets. The accused did not answer him. PW2 observed that the accused was nervous during the inspection. He looked dazed and his eyes were red.

6. Later, the accused was handcuffed and the vehicle was guarded. S$152, MR6288, and two cash cheques each of MR1000 dated 13 April 1998 and 27 September 1998 were found on the accused.

7. Sgt Teo Kwan Yong Gavin (‘PW4"), who was in charge of the train checkpoint at Woodlands, together with Sgt Chang Kam Sing (‘PW3’), who was in charge of the Woodlands Police Sub-station, questioned the accused on the large amount of money found on him but he refused to give any explanation. Instead, he asked two to three times why he was arrested. I noted that this was consistent with his stance at that time of total ignorance of the packets in the boot. These police officers did not inform him of the reason for his arrest.

8. PW3 questioned the accused in Mandarin on what the contents of the packets were and the accused replied that he did not know as the vehicle did not belong to him. He said that he rented the vehicle. The accused appeared to PW3 to be "stoned", expressionless and dreamy. PW4 said that the accused was staring into space and looked very tired.

9. Subsequently, the investigating officer (‘IO’), Insp Chow Toong Chee of the Central Narcotics Bureau (‘CNB’), took over the investigations. Urine samples taken from the accused tested negative for morphine. The nine packets of drugs found in the boot were analysed by the Department of Scientific Services to contain not less than 167.86 grams of diamorphine.

10. All the statements made by the accused to the IO were not challenged on grounds of involuntariness and accordingly, they were admitted into evidence without a voire dire.

Oral statements recorded by the IO at Woodlands Checkpoint on 31 August 1998

11. The IO posed a series of questions in the Hokkien dialect to the accused at the Woodlands Checkpoint. Both the questions and the accused’s answers were recorded by the IO in his pocket diary and read back to the accused. The accused confirmed their correctness by signing on the IO’s pocket diary. I reproduce them here:

Q: Ni Kio See Mee Mian? (What is your name?)

A: Goh Choon Meng (spelled out)

Q: Yee Teng Chian Ler Er? (Is that your car? IO pointed to the car.)

A: Ng See Wah Er (Is not mine.)

Q: Siam Er? (whose?)

A: Jor Er. (Rented.)

Q: Aw Pei Er Mi Kian Sie Mee Lai Er? (What are those things behind?)

A: Wah Er Chye. (I do not know.)

Q: Ni Ng Chye, Ang Juan Lee Chow? (Why do you run when you do not know.)

A: Wah Boh Chow. (I did not run.)

Q: Hee Kee May Kian See Me Lai Er? (What are those things?)

A: Wah Er Chye. (I do not know.)

Cautioned statement of accused

12. During the recording of the accused’s cautioned statement under s 122(6) of the Criminal Procedure Code on 31 August 1998 at the CNB, a charge of importing 9 packets of diamorphine weighing approximately 4,307.79 grams (gross weight) was read out to the accused by the IO. Mr Lee Yew Loong acted as the interpreter. The accused was invited to state any fact he intended to rely on in his defence in court and was warned that if he held back that defence till he went to court, his defence might be less likely to be believed and would have a bad effect on his case in general. In response to that invitation, the accused stated that:

I do not know anything as the car was rented by my friend. I think that I was framed by someone. I do not have to be involved in drugs because I have a job. That is all.

13. The accused subsequently gave four further statements to the IO in which he explained how he came into possession of the nine packets.

1 September 1998 statement recorded at CNB at 4.35 pm

I am known as "Ah Meng" to my friends

2. On 31 August 1998, at about 3.00 am, I was earlier playing majong at a shop house at Pusri Wansa in Johor for the whole day. At about 4.00 am, I received a call from my friend known as "Ah Zian" on my handphone 019 7516320. "Ah Zian" spoke to me on the phone. He asked me to change our car. Earlier I had asked "Ah Zian" to exchange our as my car was damaged due to an accident. My car is a Proton Wira JEN 962, blue colour and was damaged on the right front panel. I left the shop house at Pusri Wansa and went to a rental company at Johor Jaya to meet "Ah Zian".

3. When I reached Johor Jaya, I met "Ah Zian" who handed over the vehicle key of JDE 5478 which is also a blue Proton Wira. I learned from "Ah Zian" that he had rented the vehicle JDE 5478 for a week.

4. After I have taken the key of the vehicle from "Ah Zian" and drove the vehicle back to Pusri Wansa to continue with my majong session. I finished my majong session at about 6.30 am and I left the place for Singapore. I intend to come to Singapore to look at my ex-employer known as "Ah Ban" at Blk 529, Bedok North #11-??? And he can be contacted at telephone number 2417064. My intention is to ask "Ah Ban" whether he has any job for me.

5. I have a habit of keeping my Restricted Passport in my car and on the day itself, I do not have any problem getting my passport coming into Singapore. I drove the car JDE 5478 into Singapore. I managed to pass the Johor Customs at about 6.50 am without any checks from the Johor Customs.

6. I reached Singapore at about past 7.00 am where I drove through the Immigration after presenting my passport. When I reached the Customs Checkpoint at Woodlands Checkpoint, a Policeman flagged me down. The Policeman asked me for my passport, which I handed over to him. The Policeman asked me to move my car to the inspection pit ahead of me as he intended to conduct a check. I drove the car JDE 5478 to the inspection pit where I parked my car. I was asked to step off my car and was asked to open up the boot of the vehicle. I pulled the boot release latch beside the driver seat to open up the boot. After that I stepped out of the car and went to the rear of the car.

7. At the boot of the car, the Policeman asked me to open up the boot. After that I was asked to lift up the board that was covering the spare tyre compartment. I lifted up the board a little for the Policeman to see but the Policeman asked me to lift it higher. I then lift up the board and I saw several packets of yellowish granular substance, which I do not know what it is. The Policeman on seeing the packets of substance, place me under arrest. After that I saw the Policeman conducted further checks on the vehicle. Later, the Policeman brought me to the Police station nearby where I surrendered my personal properties. The Policeman asked me what are those things in the car boot and I told them I do not know. Later, I was brought back to the car and told to sit on the floor nearby.

8. While I was waiting, I saw that the car was searched by a Narcotics Dog. After that I was taken back to the Police Station where a physical search was conducted on me. After the search, I was taken back to the place near my car where I was asked to sit down and wait.

9. Later, more officers arrived, I was questioned by one of the officers about the things that were recovered from the boot of the vehicle. The officer asked me questions in Hokkien, which I gave my answer in Hokkien. Later, the officer read back the questions and answers back to me and I was asked to sign on an exercise book. Later, I saw a photographer taking photographs of the vehicle and some of the...