Public Prosecutor v Tan Chui Yun Joselyn

• Jurisdiction: Singapore
• Judge: P Siva Shanmugam
• Judgment Date: 31 July 2006
• Neutral Citation: [2006] SGDC 152
• Published date: 24 August 2006
• Court: District Court (Singapore)
• Plaintiff Counsel: Leong Wing Tuck, Lionel Yee (Deputy Public Prosecutors) & Eugene Kwang (Assistant Public Prosecutor)
• Defendant Counsel: Sant Singh, Dominic Nagulendran & Lalitha Nair (Sant Singh Partnership)

31 July 2006

District Judge Siva Shanmugam:

The Charge and Appeal

1. This Grounds of Decision arises from an appeal against conviction and a cross appeal against sentence.

2. The Accused, Tan Chui Yun Joselyn, was tried on the following re-amended charge:-

You, Tan Chui Yun Joselyn,

are charged that you, on 15^th day of March 2005, at about 8:30p.m., at the vicinity of City Link located near City Hall MRT Station, Singapore did traffic in a controlled drug specified in Class “B” of the First Schedule to the Misuse of Drugs Act, Chapter 185, to wit, by selling 4 packets containing 3.02 grams of crystalline substance, which was analysed and found to contain not less than 2.24 grams of Ketamine, to one Kelvin Tan Teck Beng, NRIC: S7336376D, at $160/- at the said place, without authorization under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 5(1)(a) of the Misuse of Drugs Act, Chapter 185 and punishable under Section 33 of the aforesaid Act.

3. At the conclusion of the trial, the Court convicted the Accused and sentenced her to imprisonment for a term of 3 years.

4. The Accused has filed a Notice of Appeal against her conviction and the Prosecution has filed a Notice of Appeal against the sentence imposed on the Accused.

Undisputed Facts

5. The Accused and Kelvin Tan were acquainted through the Accused’s ex-boyfriend. They have known each other since 3 to 4 years ago. They were friends.

6. Kelvin was at the material time working as the head chef at Nooch Noodle Bar located at CityLink Mall.

7. On 17 March 2005, at about 1.50 am, a party of Central Narcotics Bureau (“CNB”) officers raided Mdm Wong’s Bar located at Mohamed Sultan Road. A number of persons including the Accused and Kelvin were arrested. Packets of Ketamine were found on Kelvin. They were brought back to CNB office, located at New Bridge Road, Police Cantonment Complex. Apart from a search trip home with the CNB officers, the Accused was kept at the Police Cantonment Complex until 18 March 2005 when she was produced before Subordinate Court No. 26.

8. In the course of investigations, four statements were taken from the Accused:

i) Statement recorded on 17 March 2005 from 4.40 am to 5.15 am by Insp Tan Teo Hai - P9

ii) Oral confession on 17 March 2005 after 3.05 pm to IO Harry Ong

iii) Statement recorded on 17 March 2005 from 3.40 pm to 5.15 pm by IO Harry Ong - P10

iv) Statement recorded on 17 March 2005 from 5.31 pm to 5.49 pm under section 122(6) of the Criminal Procedure Code by Harry Ong - P11

9. A charge of trafficking under section 5(1)(a) of the Misuse of Drugs Act, Chapter 185 was preferred against the Accused on 18 March 2005 at Subordinate Court No. 26. She was released on Court bail the same day.

10. On 26 May 2005, Kelvin pleaded guilty to a charge of possession of the packets of Ketamine found on him when he was arrested, and another count of consumption of controlled drug. He was convicted of the charges and sentenced. The Court documents relating to Kelvin’s case was tendered in evidence – P29.

Prosecution’s Case

Trial-within-a-trial

11. The trial commenced with a global voir dire to determine the admissibility of 4 statements that the Prosecution was seeking to adduce in evidence. These statements were:

i) Statement marked “A” (P9) recorded by Inspector Tan Teo Hai on 17 March 2005 commencing at 4.40 am at CNB Supervision A Office.

ii) An oral confession purportedly made by the Accused to IO Harry Ong after 3.05pm on 17 March 2005.

iii) Long Statement marked “B” (P10) recorded by IO Harry Ong on 17 March 2005 commencing at 3.40 pm.

iv) Cautioned Statement marked “C” (P11) recorded by IO Harry Ong commencing at 5.31 pm.

PW1 Tan Teo Hai

P9

12. PW1 Inspector Tan Teo Hai told the Court that on 17 March 2005 he commenced recording statement P9 at 4.40 am at CNB Supervision A Office. Prior to the recording he had ascertained from the Accused that her language of preference was English. He recorded the statement from the Accused in a question and answer fashion. The contents were read back to the Accused. The Accused indicated that she understood. The document was placed in front of the Accused. She read it before she signed. The Accused was offered to make addition, correction or amendment to the statement but she declined. Inspector Tan affirmed that no inducement threat or promise was rendered to the Accused by anyone before or during the recording of P9. He further affirmed that he had recorded the contents of the statement faithfully.

13. Under cross-examination Inspector Tan denied that he had uttered the words ‘you better tell your father’ referring to himself at some stage prior to recording her statement. Inspector Tan stated that he had spoken to Kelvin before recording P9.

PW2 Low Hui Ching Jaslyn

14. PW2 W/SSgt Jaslyn Low was part of the team that conducted the raid at Mdm Wong’s pub on 17 March 2005. She conducted a body search on the Accused when she was brought back to the CNB and supervised the taking of the Accused’s urine. The Accused appeared normal to her when the urine specimen was taken. The Accused did not make any complaints to her. The Accused was able to follow her instructions as well as reply to her questions.

PW3 Ngo Hing Wong

15. PW3 SSgt Ngo Hing Wong was one of the arresting officers. He told the Court that following her arrest he had questioned the Accused at the premises of the CNB. The Accused did not voice any complaints to him.

PW4 Lynette Cheng Hwee Hwee

16. PW4 SSgt Lynette Cheng was the female officer who escorted the Accused back to her house on 17 March 2005 at about 5.30 am. She told the Court when she took charge of the Accused, the Accused appeared fine to her. During the journey to the Accused’s home, Lynette noticed that the Accused looked uncomfortable as if she was having gastric. Lynette could not recall if she had asked the Accused about her gastric or simply inferred from the Accused’s body action. At the house, the Accused looked normal. The search lasted 5 to 10 minutes. The Accused then requested to take some medication namely Wei Sen U tablets. The Accused was allowed to take the medication out of the house but not consume them as Lynette would need to get the Investigating Officer’s (IO) concurrence for this. On the way back to CNB the Accused looked normal and remained quiet. The Accused did not make any complaint. Lynette subsequently handed the Accused over to the lock-up. She had given the medication to the Accused telling her to inform the IO if she needs to take it. The medication was surrendered to the lock-up as well. Lynette denied the suggestion that the Accused was not allowed to bring warm clothes from her home adding that if the Accused had asked her, she would have allowed it.

PW5 Nicholas Neo Chin Guan

17. PW5, Sgt Nicholas Neo was part of the arresting team. He had interviewed the Accused prior to her being interviewed by Inspector Tan Teo Hai. He told the Court that he interacted with the Accused after she had completed her Instant Urine Test procedure. He had taken the Accused’s mobile phone, looked through the contacts list and asked her if she had any friends in the contact list involved in the Misuse of Drugs. He also informed her that a search would be conducted at her house and if she had anything to surrender. The Accused replied she had no drugs in the house. This conversation took place in the waiting area of supervision A offices at CNB HQ. Nicholas stated that the Accused appeared normal and did not voice any complaint or discomfort during the 10 minutes he was with her. Their conversation was in Mandarin and English. Neither did he render any threat, inducement or promise. He drove the CNB vehicle to the Accused’s house. He stated that nothing eventful happened on the journey to and from the Accused’s house.

PW6 Harry Ong

18. PW6, SSgt Harry Ong is the investigation officer (IO) of this case. He is also the recorder of the statements P10 and P11. Harry was informed to take over the case on 17 March 2005 at 3.10 am. When he arrived at CNB office he noticed Inspector Tan was interviewing the Accused. The Accused looked normal but sad. She did not appear sick or in pain. At 3.05 pm he retrieved the Accused from the lock-up. The Accused complained to him that she was cold. The Accused was provided with a jacket. The Accused had no other complaints.

19. On 17 March 2005, when he took the Accused from the lock-up at 3.05 pm W/Insp Tay Siew Leng assisted him. Kelvin Tan was also brought out of the lock-up. The four of them proceeded to the CNB office at the third level of Block B, Room 0312. Harry had a short interview with Kelvin and then took photographs of the two Accused persons. Kelvin was handed over to Inspector Tay and Harry conducted a short interview with the Accused.

Oral confession

20. Harry then brought Kelvin over for him to face the Accused. In the presence of the Accused, Harry asked Kelvin about the drugs in relation to the Accused’s trafficking charge. Kelvin gave a reply. Harry then asked the Accused if the things Kelvin had said actually happened. The Accused paused for awhile and gave a reply. This was in relation to the Accused’s role in the trafficking act. This answer was not reduced to writing.

21 Harry asked further questions of the Accused and she just kept quiet. Following this Harry questioned Kelvin in relation to the date, time and location of the drug transaction. Kelvin gave a reply.

22. Following Kelvin’s reply, Harry asked more questions from the Accused but she did not answer.

P10

23. Kelvin was then referred back to Inspector Tay. Harry thereafter recorded a long statement from the Accused. He ascertained from the Accused that she preferred to give her statement in the English language. Harry commenced recording the statement in the English language at 3.40 pm. Statement was concluded at 5.15 pm. Harry typed the statement onto his computer...