Public Prosecutor v Pang Siew Fum and another

• Jurisdiction: Singapore
• Judge: Choo Han Teck J
• Judgment Date: 04 February 2010
• Neutral Citation: [2010] SGHC 40
• Court: High Court (Singapore)
• Docket Number: Criminal Case No 49 of 2009
• Year: 2010
• Published date: 28 April 2011
• Hearing Date: 23 October 2009,28 October 2009,20 October 2009,29 October 2009,25 October 2009,26 October 2009,21 October 2009,27 October 2009,19 October 2009,24 October 2009,22 October 2009
• Plaintiff Counsel: Leong Wing Tuck, David Low and Chua Ying-Hong (Deputy Public Prosecutors)
• Defendant Counsel: Subhas Anandan, Irving Choh and Lim Bee Li (KhattarWong),Ramesh Tiwary (Ramesh Tiwary & Co) and Adrian Chong (Low Yeap Toh & Goon)
• Subject Matter: Criminal Law
• Citation: [2010] SGHC 40

Choo Han Teck J:

Officers from the Central Narcotics Bureau (“CNB”) arrested two persons on 16 June 2008. Pang Siew Fum, the first accused, was arrested at 8.50pm at the traffic junction of Lorong 6 and Lorong 7 in Toa Payoh. Cheong Chun Yin, the second accused, was arrested a little later as he was alighting from a taxi on Arab Street. Both of them were subsequently charged and tried before this court under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) for trafficking in diamorphine found in a black suitcase that was carried by the second accused on a flight (Silkair MI511) from Myanmar on 16 June 2008. He had a brief conversation with the first accused at a vehicle pickup outside terminal 2 of the Changi airport before handing the suitcase to her. They then parted company. The first accused drove away in a car registered with the Malaysian licence plate number JHY 6668. The second accused left by taxi.

The first accused was a 55-year old Malaysian. She occupied a flat at Block 98, Toa Payoh Lorong 1. Her husband lives there but the first accused lived mostly in Malaysia where she helped her brother as a pork seller. The first accused testified that she was a “runner” who became a “bookie” whenever the opportunity arose. She said she kept the bets given to her by punters instead of handing them to the “bookie”. In this way, she kept the money if the punters lost. Occasionally, when they won she paid them with her own money. The second accused was a 26 year-old Malaysian who earned a living by selling pirated DVDs. The suitcase that the second accused handed to the first accused was found to contain a total of 2,726g of diamorphine hidden in a false bottom of the suitcase.

When the first accused person’s flat at Block 98 was searched, two other black suitcases, identical in shape, size, and colour were found. There was a packet containing white powdery substance in each of the two other bags (marked as B1 and C1 at trial). The powdery substance were sent for analysis and found to contain a total of 5054g of diamorphine. B1 had a tag that indicated the name of “Ong/Seng Hua” and the flight number “SQ 603581”. C1 had a tag that indicated the name “Lew/Wai Loon” and the flight number “SQ 519036”. It was not ascertained who Ong Seng Hua and Lew Wai Loon were other than what the first accused testified. CNB officers followed her car after she had taken over the suitcase from the second accused at the...