Public Prosecutor v Mohamad Fadzli bin Ahmad and another

• Jurisdiction: Singapore
• Judge: Kan Ting Chiu SJ
• Judgment Date: 27 September 2017
• Neutral Citation: [2017] SGHC 233
• Court: High Court (Singapore)
• Docket Number: Criminal Case No 53 of 2015
• Year: 2017
• Published date: 11 December 2018
• Hearing Date: 13 January 2016,17 November 2015,14 January 2016,13 November 2015,16 February 2017,15 February 2017,31 July 2017,16 November 2015,14 February 2017,12 January 2016,06 November 2015,04 November 2015,05 November 2015,12 November 2015,03 November 2015,11 November 2015,21 February 2017,01 August 2017,02 November 2015,09 November 2015,17 February 2017,18 November 2015
• Plaintiff Counsel: Tan Wen Hsien and Terence Szetoh (Attorney-General's Chambers)
• Defendant Counsel: John Abraham (Crossborders LLC) and Ramachandran Shiever Subramanium (Grays LLC),Chia Soo Michael and Hany Soh Hui Bin (MSC Law Corporation) and Sankar s/o Kailasa Thevar Saminathan (Sterling Law Corporation)
• Subject Matter: Criminal law,Statutory offences,Misuse of Drugs Act
• Citation: [2017] SGHC 233

Kan Ting Chiu SJ: The accused persons and the charges

There are two accused persons in this case, Mohamad Fadzli Bin Ahmad (“Fadzli”), and Mohamed Affandi Bin Rosli (“Affandi”). Fadzli faced four charges (charges A to D) and Affandi faced three charges (charges E to G).

The charges are for Fadzli, that he:

Charge A

on or about 12 July 2013, in Singapore, did abet one Mohamed Affandi Bin Rosli (NRIC No. [xxx]) to traffic in 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 instigating the said Mohamed Affandi Bin Rosli to be in possession for the purpose of trafficking, eight (8) bundles of granular / powdery substance, which were analysed and found to contain not less than 132.82 grams of Diamorphine, without authorisation under the Act or the Regulations made thereunder, and [he has] thereby committed an offence under section 5(1)(a) read with section 5(2) and section 12, and punishable under section 33(1) of the Act, and further, upon [his] conviction, [he] may alternatively be liable to be punished under section 33B of the Act.

Charge B

on 12 July 2013, at or about 4.00 p.m., whilst in a vehicle bearing registration number SGW 4282Y, at the intersection between Bayfront Avenue and Raffles Avenue, Singapore, did traffic in 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 having in [his] possession for the purpose of trafficking, four (4) packets containing 49.68 grams of crystalline substances which were analysed and found to contain not less than 38.84 grams of Methamphetamine, without any authorisation under the Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) or the Regulations made thereunder, and [he has] thereby committed an offence under section 5(1)(a) read with section 5(2), and punishable under section 33(1) of the Act.

Charge C

on 12 July 2013, at about 5.45 p.m., at Block [xxx] Tampines Street 45, #[xxx], Singapore, did have in [his] possession a Class C controlled drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) ("the Act"), to wit, five hundred and sixty (560) tablets each marked "028" on one side and "5" on the other side, which were analysed and found to contain Nimetazepam, without any authorisation under the Act or the Regulations made thereunder, and [he has] thereby committed an offence under section 8(a) and punishable under section 33(1) of the Act.

And further

that [he], before the commission of the said offence, were convicted on 12 July 2011 in the then-Subordinate Courts vide DAC 12049/2011, for an offence of possession of a Class C controlled drug, to wit, Methamphetamine, under section 8(a) of the Misuse of Drugs Act (Cap 185,2001 Rev. Ed.), for which [he was] sentenced to 12 months' imprisonment, which conviction and sentence have not been set aside, and [he] shall therefore be liable to enhanced punishment under section 33(1) of the Act.

Charge D

on 12 July 2013, in Singapore, did abet one Mohamed Affandi Bin Rosli (NRIC No. [xxx]) to traffic in 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 instigating the said Mohamed Affandi Bin Rosli to be in possession for the purpose of trafficking, four (4) packets containing 10.35 grams of crystalline substance which were analysed and found to contain not less than 8.14 grams of Methamphetamine, without authorisation under the Act or the Regulations made thereunder, and [he had] thereby committed an offence under section 5(l)(a) read with section 5(2) and section 12, and punishable under section 33(1) of the Act.

and for Affandi, that he:

Charge E

on 12 July 2013, at or about 5.30 p.m., inside a vehicle bearing registration number SJW 9386M, at lot 134 of the basement 4M carpark at Marina Bay Sands, Singapore, did traffic in 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 having in [his] possession for the purpose of trafficking, eight (8) bundles of granular / powdery substance, which were analysed and found to contain not less than 132.82 grams of Diamorphine, without authorisation under the Act or the Regulations made thereunder, and [he has] thereby committed an offence under section 5(l)(a) read with section 5(2) and punishable under section 33(1) of the Act, and further, upon [his] conviction under section 5(1)(a) read with section 5(2) of the Act, [he] may alternatively be liable to be punished under section 33B of the Act.

Charge F

on 12 July 2013, at or about 5.30 p.m., inside a vehicle bearing registration number SJW 9386M, at lot 134 of the basement 4M carpark at Marina Bay Sands, Singapore, did traffic in 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 having in [his] possession for the purpose of trafficking, four (4) packets containing 10.35 grams of crystalline substance which were analysed and found to contain not less than 8.14 grams of Methamphetamine, without authorisation under the Act or the Regulations made thereunder, and [he has] thereby committed an offence under section 5(1)(a) read with section 5(2) and punishable under section 33(1) of the Act.

Charge G

on 12 July 2013, sometime between 3.50 p.m. and 3.55 p.m., in the vicinity of lot 134 of the basement 4M carpark of Marina Bay Sands, Singapore, did traffic in 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 passing to one Mohamad Fadzli Bin Ahmad (NRIC No.: [xxx]), four (4) packets containing 49.68 grams of crystalline substances which were analysed and found to contain not less than 38.84 grams of Methamphetamine, without authorisation under the Act or the Regulations made thereunder, and [he has] thereby committed an offence under section 5(1)(a) and punishable under section 33(1) of the Act.

Four of the charges are related in that charges A and D against Fadzli are for abetting Affandi in charges E and F.

Fadzli claimed trial on charges A, B and D and Affandi claimed trial on charges E, F and G. The only uncontested charge is charge C, to which Fadzli pleaded guilty.

The trial proceeded on all the charges. However, after I convicted the accused persons on charges A, B, C, E and F, the prosecution elected to not to carry on with charges B, C and F: see [122] and [123] below.

I will refer to the trial of all the charges for completeness and to give the basis on which the accused persons were convicted and discharged on five charges on the application of the prosecution.

The agreed facts

The parties presented a Statement of Agreed Facts (“SAF”). The parts of the statement which describe the arrest and recovery of the drugs merit setting out in full: (a) Circumstances of arrest leading to the arrest of the accused persons 3. On 12 July 2013, at about 7.00 am, a party of officers from the Central Narcotics Bureau (“CNB”) was despatched to conduct surveillance on Affandi and his vehicle (KIA Sorento) bearing registration number SJW 9386 M (“SJW 9386 M”) in the vicinity of Block [xxx], Pasir Ris Street 11. 4. When the CNB officers arrived in the vicinity of Block [xxx], Pasir Ris Street 11, SJW 9386 M was not sighted in the carpark in the vicinity of the said block. 5. At about 7.45 am, Affandi was seen walking to the carpark of Block [xxx], Pasir Ris Street 11 where he met up with a male Malay, later identified to be one Mansor Bin Mohamad Yusoff (NRIC No. [xxx]) ("Mansor"). Mansor and Affandi then boarded a motorcycle bearing registration number FBE 2726 E, with Affandi as the pillion rider, and they rode off together. At about 8.10 am, Mansor and Affandi entered the basement carpark at MBS on the said motorcycle. 6. At around the same time, it was observed that SJW 9386 M was parked at lot 134 at basement 4M of the MBS carpark. CNB officers positioned themselves in the vicinity and continued their observations. 7. Some time past 3 pm on the same day, Fadzli left unit [xxx] of Block [xxx], Tampines Street 45 and drove a vehicle (Honda Civic) bearing registration number SGW 4282 Y (“SGW 4282 Y”) out of the multi-storey carpark at Block [xxx], Tampines Street 45. At about 3.50 pm, Fadzli drove SGW 4282 Y into the MBS carpark and proceeded to basement 4M. Fadzli parked SGW 4282 Y near SJW 9386 M. He then alighted from SGW 4282 Y and met up with Affandi behind SJW 9386 M. Shortly thereafter, Fadzli returned to his vehicle and drove out of the MBS carpark.

In relation to Fadzli

8. At about 4.00 pm, CNB officers intercepted SGW 4282 Y along Bayfront Avenue, Singapore, and Fadzli was placed under arrest. CNB officers then escorted Fadzli and SGW 4282Y to an open space along Republic Boulevard, Singapore. 9. At about 4.22 pm, a search was conducted on SGW 4282 Y and the following items were recovered and seized as case exhibits: a. From the top of the front passenger seat: i. One black sling bag (marked as "D1")¹ containing: 1. one plastic packet (marked as "D1A") containing: a. one packet of white crystalline substance (marked as "D1A1")²; and b. one plastic packet (marked as "D1A2") containing: i. two packets of crystalline substance (collectively marked as "D1A2A")³. b. From the side compartment of the driver's door: i. One packet of white crystalline substance (marked as "C1")⁴. c. Several plastic bags of groceries from the boot of SGW 4282 Y. 10. The search of the vehicle ended at about 4.45pm. 11. At about 4.50pm, a statement⁵ was recorded from Fadzli by Staff Sergeant Muhammad Fardlie bin Ramlie (“SSgt Fardlie”) in a CNB operational vehicle....