Public Prosecutor v Khampali Suchart

• Jurisdiction: Singapore
• Judge: Goh Joon Seng J
• Judgment Date: 24 May 1996
• Neutral Citation: [1996] SGCA 38
• Court: Court of Appeal (Singapore)
• Published date: 08 April 2013
• Year: 1996
• Plaintiff Counsel: Sowaran Singh (Deputy Public Prosecutor)
• Defendant Counsel: James Masih and Christina Goh
• Citation: [1996] SGCA 38

Judgment:

< Delivered by L P Thean JA >

Cur Adv Vult

J U D G M E N T

The abovenamed, Khampali Suchart ( the respondent ) and one Sangad Singsitha ( Sangad ) were charged before the High Court for offences under the Misuse of Drugs Act (Cap 185, 1985 ed) ( the Act ). More particularly, the respondent was charged with trafficking in 6 slabs of vegetable matter containing not less than 4,834.5g of cannabis mixture in the lobby of the Royal Holiday Inn Crowne Plaza Hotel ( the hotel ) in Scotts Road at about 6.30 pm on 17 August 1995. Sangad was charged with abetting the respondent by aiding him in the commission of that offence. Both the offences were punishable under s 33 of the Act. The respondent and Sangad were tried together and at the conclusion both of them were acquitted. The prosecution has now appealed against the acquittal of the respondent. There was, however, no appeal against the acquittal of Sangad.

The prosecution s case
The evidence adduced by the prosecution against the respondent and Sangad was as follows. On 15 August 1995 one Sgt Riduan of the Central Narcotics Bureau ( CNB ) received information from a registered agent that a Thai seaman called Suchart was looking for a buyer of cannabis. Upon being informed of this, ASP Lim Chei Yoo of the CNB instructed Acting Inspector Lee Kiong Lock ( Inspector Lee ) to pose as a purchaser of the cannabis. Following that, Inspector Lee and Sgt Riduan met up with the agent and told him to arrange a meeting with the seller. Inspector Lee then reported to ASP Lim who directed that the meeting should take place at the lobby of the hotel. In the meanwhile, Sgt Riduan had received samples of cannabis, which were allegedly given to the agent by the Thai seaman said to be one Suchart . These samples were found to contain cannabis.

The next day, Inspector Lee managed to arrange, through the agent, a meeting at the hotel at 5 pm. A party of officers was then briefed. At the appointed time, the agent arrived with a person who was identified as the respondent. The agent introduced Inspector Lee as Peter to the respondent. They spoke in Malay interspersed with English. The respondent informed Inspector Lee that he was the chief engineer of the vessel, MT Shosen Maru. After some preliminary conversation, the agent left. Inspector Lee told the respondent that he preferred not to negotiate a drug deal in the presence of a third party. Inspector Lee asked the respondent about the barang and the latter in response asked if Inspector Lee had seen the sample to which Inspector Lee replied that he had. A price of $1,500 per kilo was quoted by the respondent. Inspector Lee sought for a lower price which the respondent said was possible if a larger quantity was purchased. The inspector asked how much the respondent had and the latter said that he had 6 kilograms. Eventually, a price of $1,200 per kilogram was agreed upon. Inspector Lee asked when the transaction could take place to which the respondent said: anytime . Inspector Lee suggested that 12 noon the following day at the same hotel lobby and the respondent suggested 6 pm and that was agreed. The inspector then asked the respondent how it was packed, and said that if it was packed in a bag and the bag was too small, that would make inspection difficult. Inspector Lee asked him to buy a bigger bag. The inspector then took a hotel direction card provided by the hotel, and wrote on it his assumed name, Peter , and his pager number. He also confirmed the details of the arrangement, and asked the respondent to come alone. As they were leaving the hotel, the respondent informed the inspector that he was short of cash, and the latter gave him $50. They parted company at the entrance of the hotel.

On the following day, at 12.40 pm, Inspector Lee was paged by the respondent. Upon calling the latter, the inspector was asked if the money was ready. Inspector Lee confirmed that he had the money and also the arrangements for the meeting. A party of officers was again briefed to provide cover for the inspector. It was agreed that the respondent would be arrested upon the inspector giving a prearranged signal, namely, wiping his glasses with his handkerchief.

Before 6.00 pm, the officers positioned themselves both inside the lobby of the hotel and also at the entrance. Inspector Lee sat on the same sofa on which he sat the previous day and on this occasion he had with him WNO Jane Ng who was instructed to move away when the respondent arrived. Outside the hotel were some officers. At about 6.25 pm, the CNB officers outside the hotel saw the respondent and Sangad arriving in a taxi. The respondent paid for the taxi fare and went into the hotel alone. Sangad was seen carrying a black bag waiting at the bus stop near the hotel entrance. Inspector Lee saw the respondent entering the hotel and beckoned him. The respondent was alone, and was not carrying anything. The respondent went up to Inspector Lee and sat next to him and WNO Ng moved away. Upon being asked where the barang was, the respondent replied that it was with a friend of his, who was outside and who was afraid to come in. The respondent asked for the money, to which he was told that it was with the inspector s girlfriend, who had just left and would pay him when she returned. The respondent then left, and he was seen by the CNB officers collecting the bag from Sangad outside the hotel, at the bus-stop. The respondent returned with the bag and placed it between himself and the inspector. The latter unzipped the bag and inspected the contents which were several slabs of compressed cannabis. The inspector then rose on the pretext of getting them drinks, and took the opportunity to give the pre-arranged signal, which led to the arrest of the respondent. Sangad, who was still outside, was also arrested.

The respondent and Sangad together with the bag and its contents were brought to CNB where Inspector Krishnan took over as the investigating officer. Evidence was led of a conversation in Malay between Sgt Riduan and the respondent in the presence of Cpl Raziff at the CNB Headquarters between 7.05 pm and 7.15 pm on 17 August 1995 soon after the arrest. Cpl Raziff testified that the conversation was contemporaneously recorded by him. To a question by Sgt Riduan: Suchart, apa dalam bag ini? (Suchart, what is inside the bag?). The respondent was alleged to have replied: Ganja . Following that Sgt Riduan asked: Berapa banyak? (How many?). The respondent was alleged to have replied: Enam (6) buah (6 things).

Inspector Krishnan gave evidence on the results of his investigations. The investigations conducted did not locate one Annuk mentioned by the respondent. He agreed, in cross examination, that the respondent had claimed that he had received the black bag and its contents from Annuk. He said that the respondent gave him a vague description of her and could not give her Singapore or Haadyai address. In addition, the respondent said that Annuk had left Singapore on a tour bus on the same night he was arrested. There was no way he could trace Annuk, said Inspector Krishnan.

The defence
The respondent gave evidence in his defence which is this. He is a Thai national and lives in Thailand. He is married and has a son. He had been working as a seaman and as a chief engineer for some years. The vessel MT Shosen Maru made an unexpected call to Singapore for drydocking and repairs, because it sprang a leak in the Gulf of Thailand.

On 13 August 1995 he was in charge of the vessel, the captain having gone to Indonesia. After work, at about 5 pm, he left the ship at a shipyard in Pandan Loop; he left with Sangad for the Golden Mile Complex. There he met a prostitute by the name of Annuk. He had known Annuk for about 2 years. They and Sangad drank beer. At Annuk s suggestion, they went to a seafood restaurant at Lorong 21, Geylang for food and drinks. He was enjoying the company of Annuk; they engaged in intimate conversation. Annuk sought his help. She said she wanted him to help her sell Thai herbal medicine, referred to as penya which literally means is medicine ; the full text in Thai was ya samoon phrai . She informed the respondent that she could introduce him to someone who could assist. The friend was in a nearby bar, and they went over, leaving Sangad alone. The friend was named Ah Toh . His existence was not challenged by the prosecution. Ah Toh told the respondent that he had found a buyer and that he ( Ah Toh ) could take the respondent to meet the buyer. The respondent was told that he could meet the buyer on or about 16 August 1995. He gave Annuk his telephone number on board the ship.

The respondent suggested that Annuk should carry out the sale herself, but Annuk told him that she was not free; similarly, when the respondent suggested that Ah Toh should act for her, he was told that Ah Toh too was not free. The respondent thus agreed to assist. He explained that he knew the Thai herb medicine which Annuk had given to him before for his backache. He then spent the night with Annuk, while Sangad, whom they had rejoined subsequently, was with another woman.

The respondent was referred to that part of the evidence of Sgt Riduan which was to the effect that he (the respondent) had given the samples to the CNB agent, Ah Toh . He said he did not know anything about the samples, and that probably Annuk was the one who gave the samples to that agent.

At about 12 noon on 16 August 1995 Ah Toh called the respondent and said that he wanted to take the respondent to meet his friend at Holiday Inn. He told the respondent to wait for him at the Golden Mile Complex at about 5 pm. The respondent met Ah Toh at the appointed place and time. Ah Toh took him to Holiday Inn where Inspector Lee was introduced to him as Peter . Ah Toh left after the introduction. They talked generally. Inspector Lee asked him in Malay if he had the barang , to which the respondent replied that he...