Public Prosecutor v Mohamad Hanafi Bin Abdol Hamid

• Jurisdiction: Singapore
• Judge: Liew Thiam Leng
• Judgment Date: 31 August 2007
• Neutral Citation: [2007] SGDC 247
• Citation: [2007] SGDC 247
• Court: District Court (Singapore)
• Plaintiff Counsel: Deputy Public Prosecutor Tan Kiat Pheng
• Defendant Counsel: Syed Yahya (Syed Yahya & Partners)
• Published date: 31 October 2007

31 August 2007

District Judge Liew Thiam Leng

1. The accused pleaded guilty before on the following 4 charges:-

DAC 16221/07 (Exhibit P1)

You, MOHAMAD HANAFI BIN ABDOL HAMID, M/32 Years, NRIC No. S7433583 G, are charged that you on a day in November 2005, at the void deck of Blk 63 Kallang Bahru Singapore, being an agent, to wit, a Senior Staff Sergeant, in the employ of the Singapore Police Force and attached to the Divisional Intelligence Branch of the Police Coast Guard (PCG), did corruptly obtain for yourself a gratification in the sum of $300 (Three Hundred Dollars) from one Shaiful Hizam Bin Junit as an inducement for doing an act in relation to your principal’s affairs, to wit, facilitating the cigarette smuggling activities of the said Shaiful Hizam Bin Junit by providing him with information on PCG operations in the seas of Singapore and you have thereby committed an offence punishable under Section 6(a) of the Prevention of Corruption Act, Chapter 241 (PCA).

DAC 16222/07 (Exhibit P2)

You, MOHAMAD HANAFI BIN ABDOL HAMID, M/32 Years, NRIC No. S7433583 G, are charged that you, on the 8^th day of December 2005, in Singapore, being a staff Sergeant attached to the Divisional Intelligence Branch of the Police Coast Guard, Singapore (PCG), did intentionally offer illegal obstruction to the lawful apprehension of one Shaiful Hizam Bin Junit, for the offence of importing uncustomed goods under Section 130(1)(a) of the Customs Act, Chapter 70, by instructing one Hairulsham bin Aman, the Assistant Duty Officer of the PCG’s Operation Room to stop PCG’s craft PT 33 from pursuing the said Shaiful Hizam Bin Junit, and you have thereby committed an offence punishable under Section 225 of the Penal Code, Chapter 224.

DAC 16223/07 (Exhibit P3)

You, MOHAMAD HANAFI BIN ABDOL HAMID, M/32 Years, NRIC No. S7433583 G, are charged that you on or about the 13^th day of December 2005, at Blk 478 Pasir Ris Drive 4 #02-429, Singapore, did have in your possession 2 digital discs (DVDs) containing 2 obscene films and you have thereby committed an offence punishable under Section 30(1) of the Films Act, Chapter 107.

DAC 16224/07 (Exhibit P4)

You, MOHAMAD HANAFI BIN ABDOL HAMID, M/32 Years, NRIC No. S7433583 G, are charged that you on or about the 13^th day of December 2005, at Blk 478 Pasir Ris Drive 4 #02-429, Singapore, did have in your possession

- 4 digital video discs (with 4 obscene inlays) containing 4 films, knowing the films to be obscene, and

- 5 video compact discs (with 5 obscene inlays) containing 5 films, knowing the films to be obscene,

and you have thereby committed an offence punishable under Section 30(2)(a) of the Films Act, Chapter 107.

2. The accused was sentenced to 9 months imprisonment for the charge under s. 6(a) of the PCA and 6 months imprisonment for the charge under s. 225 of the Penal Code. The sentences were ordered to run concurrently. The accused was also ordered to pay a penalty of $900 and in default of payment, to serve 4 weeks imprisonment. In addition, the accused was fined a total of $10,000 for the 2 charges under the Films Act and in default of payment, to serve 3 months and 4 weeks imprisonment.

3. Statement of Facts

“The Accused

The accused, Mohamad Hanafi Bin Abdol Hamid (NRIC No. S7433583/G), is a Senior Staff Sergeant of the Singapore Police Force (“SPF”). He joined SPF on 27 Apr 92 as a Police Constable and was promoted to his present rank in 2002. At the time of the offences, the accused was a Field Intelligence Officer attached to the Divisional Intelligence Branch of the Police Coast Guard (“PCG”).

Investigation

2. Investigation revealed that one Shaiful Hizam Bin Junit (“Shaiful”), an Immigration & Checkpoint (“ICA”) officer attached to ICA’s Coastal Command was involved in smuggling contraband cigarettes into Singapore while on active ICA duty at the territorial waters of Singapore. The accused had known Shaiful during the latter’s attachment to PCG for national service.

3. Investigation revealed that in September 2005, the accused started providing Shaiful with PCG’s operational information so that the boats arranged by Shaiful carrying contraband cigarettes would manoeuvre safely through Singapore’s territorial waters and reach Singapore without being detected by PCG. Shaiful had paid moneys to the accused for providing PCG’s operational information for the purpose of smuggling contraband cigarettes into Singapore.

Facts relating to DAC 16221 of 2007

4. On a day in early November 2005, the accused asked Shaiful for a sum of money and they arranged to meet at the void deck of Blk 63 Kallang Bahru, Singapore where Shaiful gave the accused a sum of $300/-. Shaiful gave the money to the accused because he needed the accused’s assistance to provide information on PCG’s patrol so that he could smuggle cigarettes into Singapore.

5. Shortly after giving the money to the accused, Shaiful arranged with one Isal, an unknown Indonesian, to smuggle contraband cigarette that night. Shaiful spoke to the accused and the accused assured him that there was no PCG operation at sea that same night. Shaiful then smuggled a consignment of contraband cigarettes into Singapore on that night.

6. Thus, the accused had corruptly obtained gratification of $300 from Shaiful as inducement for the accused to provide information on PCG operation in the seas of Singapore for the purpose of facilitating Shaiful’s activities in smuggling cigarette into Singapore.

Facts relating to DAC No. 16222 of 2007

7. On 8 Dec 05, Shaiful was on night duty and he arranged with Isal to smuggle cigarettes that night. Shaiful then contacted the accused and the latter assured Shaiful that there was no PCG operation that night. Shaiful then proceeded with his plan to smuggle cigarettes that night.

8. On 8 Dec 05, at about 1.15 am, PCG patrol boat PT33, which was on routine patrol duty in the territorial waters of Singapore, observed an unknown craft at international waters transferring cargo onto an ICA boat ‘SP 1276Z’ which was manned by Shaiful. After unloading the goods, the unknown craft sped off to international waters and the ICA boat moved towards the shoreline of Singapore. PT33 then pursued the ICA boat. During the pursuit, the commander of PCG boat PT33 observed Shaiful communication on his mobile phone.

9. Investigation revealed that when Shaiful was being pursued by PT33, he called the accused on his mobile phone for assistance. After being informed by Shaiful that he was pursued by PCG patrol boat, the accused called PCG Operations Room and spoke to the Assistant Duty Officer, SSSgt Hairulsham Bin Aman.

10. The accused idenfied himself as an Intelligence officer of PCG and told Hairulsham to instruct PT33 to stop pursuing the ICA boat. The accused also told Hairulsham that his friend, Shaiful was on the ICA boat and that ICA officers were conducting an operation. However, Hairulsham did not accede to the accused’ request to inform PT33 to stop the pursuit. Instead, Hairulsham referred the accused to the Controller of PCG Operations Room, SSSgt Ng Kee Seng.

11. The accused then spoke to SSSgt Ng and requested him to instruct PT33 to refrain from going near the ICA boat. The accused also informed SSSgt Ng that ICA officers on the ICA boat were conducting an operation in the sea. SSSgt Ng did not accede to the accused’s request as he had received confirmation from the crew of PT33 that the ICA boat had been observed receiving goods from an unknown boat in international waters and had refused to follow PT33’s instruction to stop.

12. Eventually, the ICA boat was intercepted by PT33 and Shaiful was arrested by PCG officers. A consignment of 4540 cartons of uncustomed cigarettes were seized from the ICA boat. Shaiful was charged and convicted in court for smuggling cigarettes, and he was sentenced to 52 months’ imprisonment.

Facts relating to DAC Nos. 16223 and 16224 of 2007

13. On 13 Dec 05, when the accused was arrested by CPIB Officers in conjunction with Shaiful’s cigarette smuggling case, a search was conducted at his residence at Blk 478 Pasir Ris Drive 4 #02-429. During the search, CPIB officers found 11 pieces of obscene video compact discs (“VCDs”) and digital video discs (“DVDs”) of various titles in his bedroom. The accused admitted that he had bought the obscene films from unknown vendors at Pasir Ris MRT station and at Geylang. The seized VCDs and DVDs were sent to the...