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This judgment text has undergone conversion so that it is mobile and web-friendly. This may have created formatting or alignment issues. Please refer to the PDF copy for a print-friendly version. Amran Bin Eusuff 2. Rabu Bin Rahmat Public Prosecutor Criminal Law — Entrapment — Whether entrapment is a valid defence to a criminal charge. The next day, he managed to get in contact with Daud and his partner who was called 'Abu'. CPL Fazuri posed as a buyer named 'Boy' and negotiated with both of them to purchase 3 kg of cannabis to be delivered on 3 May These officers met with Amran and Rabu, who introduced themselves as 'Daud' and 'Abu' respectively. Both Amran and Rabu got into a car that the undercover officers were in. The car was driven to Bukit Merah View where Rabu alighted to collect the drugs. He returned to the car and handed the drugs to one of the undercover officer. The CNB officer then signalled to his colleagues to move in to arrest the two suspects whereupon the undercover car was intercepted. Amran and Rabu tried to flee but were eventually arrested. Amran made two long statements to the Investigating Officer. He admitted that he did so for the commission he was promised. As for Rabu, he also made two long statements to the Investigating Officer. In the first one, he denied flatly that he was involved in drug trafficking. However, in the second statement, he admitted that he procured the drugs to sell to Boy. During the trial, Amran claimed that he did not own the drugs and that he was entrapped to commit the offence. Rabu argued that he made the statements to the CNB involuntarily and that he was actually not involved in the trafficking at all. The trial judge rejected all the defences raised by both accused, convicted them of drug trafficking and sentenced them to death. Both accused appealed against his decision. Misuse of Drugs Act Cap , Ed. The judge sentenced both appellants to suffer death. On 1 May , at about p. When contacted, Daud asked the agent to relay the message to CPL Fazuri to call him at telephone number '' the next night to discuss the deal. This number belonged to a public telephone at a coffeeshop along Sixth Avenue. Daud said he had to check the stuff and the price first. He called back about ten minutes later and informed CPL Fazuri that the price would be cheaper if he were to buy 3 kg of cannabis instead. CPL Fazuri said that he would check with his partner and call Daud back. About 15 minutes later, CPL Fazuri called and told Daud that he would take 3 kg if the price was right. Daud then handed the phone over to a person called 'Abu'. He told CPL Fazuri that either he or Daud would contact him the next day to confirm the time and place of delivery of the drugs. Daud agreed to the arrangement and told CPL Fazuri that either he or Abu would call again in the evening for a final confirmation. CPL Fazuri agreed to buy the drugs at that price. He also informed Abu that the registration number of the car that his men would be driving was 'SZA M'. They would drive the car bearing the registration plate of 'SZA M' to meet Daud and Abu and be led by the pair to another place to collect the drugs. Three other teams would follow the undercover car in three separate cars. The telephone line would be kept on so that CPL Fazuri could monitor the conversation in the car. Once the cannabis was handed over, CPL Nabil would give a pre-arranged signal by saying the words 'barang bagus'. Upon receiving this signal, CPL Fazuri would notify the rest of the teams to move in and arrest the suspects. They parked the car near the 7-eleven store at Sixth Avenue as arranged. At about p. Amran then introduced himself as 'Daud' and Rabu said he was 'Abu'. Both men entered the car. When the car stopped, Rabu alighted on his own accord and crossed the road. He headed towards Block , Bukit Merah View and was out of sight of the people in the car. While Rabu was collecting the drugs, Daud told CPL Nabil that the stuff was still wet which meant that the drugs were good. SGT Aldi made a U-turn to pick him up. Rabu handed the bag over to CPL Nabil and when he saw that the bag contained some bundles, he said 'barang bagus'. When the undercover car stopped, both men ran out and tried to escape. They put up a violent struggle to evade arrest and suffered minor injuries in the course of their struggle. However, both were eventually subdued and arrested by the CNB officers. Amran admitted that he knew that the yellow paper bag contained 2. However, he said that the drugs belonged to Rabu and that they were for 'Boy'. He admitted that he arranged for Rabu to sell the drugs to 'Boy'. He claimed that he did not know what was inside the bag. Subsequently, the suspects were brought to the Jurong Police Regional Headquarters for their urine tests. CPL Nabil also handed the yellow paper bag over to ASP Tan who weighed the drugs in the presence of the suspects and locked them in his metal cabinet. ASP Tan instructed the arresting officers to bring the suspects for a pre-statement medical examination. Between about 4 a. Rabu denied that he knew what was in the yellow paper bag while Amran stated that it was Rabu who owned the drugs. Then, he instructed his men to bring the two suspects for their post statement medical examination and left for home. He testified that he found recent abrasions on the forehead, nose, right cheek and lip of Amran. As for Rabu, he found a bruise on his forehead and his right hand and back as well as an abrasion on his left shoulder. Tan Sing Huang, also a doctor at the Alexandra Hospital, conducted the post statement medical examination. She found seven injuries on Amran instead of the four found by Dr. However, she found approximately the same injuries noted by Dr. Chiam on Rabu. She also testified that both Amran and Rabu did not complain to her that any CNB officer has assaulted them. She found that Rabu, but not Amran, tested positive for cannabis consumption. Amran made a long statement on 8 May and a further one on 15 May In the statement recorded on 8 May , he described the events of 2 and 3 May as the following: On 2 May , he spoke with Boy and told him that he could obtain some cannabis for him. On 3 May , he and Rabu contact Boy to negotiate the sale of the cannabis. When Rabu reached an agreement with Boy, Rabu passed the phone to him. At this point, Boy informed him that his men would pick him and Rabu up at about p. When the car arrived, Rabu and him got in. The car drove to Bukit Merah View where Rabu left to collect the drugs. Shortly after that, the car was intercepted and he was arrested. In his statement recorded on 15 May , he admitted that he promised Boy to get the drugs for him because he wanted the commission that Boy promised him badly. He denied that he was involved in the negotiations for the sale of the cannabis. He admitted that, on 3 May , he followed Amran into the undercover car. Furthermore, he admitted that when the car reached Bukit Merah View, he left the car to collect a yellow paper bag from another person waiting at Block , Bukit Merah View. However, Rabu denied that he knew what was in the bag. He admitted that he was involved in procuring and selling the cannabis to CPL Fazuri. His version of what happened on 3 May was the following: that day, Amran asked him whether he could obtain some cannabis for him and he replied that he would try. Rabu said that he would try to get the drugs and subsequently, he contacted a person called 'Daud' not Amran , whom he met in Batam previously. Daud told him that he could supply him with 2. Rabu then informed Amran who in turn told Boy that only 2. Boy agreed to both the quantity and price. Rabu also knew that Amran had been promised a commission for setting up the sale. In his defence, he testified that he did not own the drugs and that he was entrapped into committing the offence. However, in his closing submissions, Mr. Luke Lee, counsel for Amran, conceded that entrapment was not a defence to the charge. Furthermore, Mr. Lee conceded that Amran had admitted to all the essential facts constituting the charge even though he denied ownership of the drugs. Ownership was not an essential element of drug trafficking. Amran pleaded for leniency in court but Mr. Lee also conceded that no leniency was possible since Amran was charged with an offence that was punishable with a mandatory death penalty. He had his dinner at the hawker centre near the World Trade Centre and returned home after that. He did not go to the coffeeshop at Sixth Avenue or speak to Boy that day. He pointed out that Boy spoke to a person called 'Abu' and testified that he was not 'Abu' since he was never known by that name. Amran arrived at the coffeeshop at about p. Amran told him that his friends would be coming to the coffeeshop in a car and that they were proceeding to Bukit Merah View. He was invited to come along with Amran and he did so because he thought that Amran wanted to give him some tips about racing horses. He did not ask Amran any other questions about the purpose of the trip. During the journey, there was no mention about drugs. He did not talk to the CNB officers. It was Amran who instructed the officers to proceed to Bukit Merah View. He decided to collect the bag as a favour to Amran. Thus, he went to the void deck of Block where he met a man, called 'Ahmad', whom he had never seen before. Ahmad refused to tell him what he promised to give Amran and Rabu did not press the issue. He followed Ahmad to the landing between the second and third floor. Ahmad then took a paper bag that was tied up from a heap of rubbish and handed it to him. He took the bag without opening it and gave it to Amran in the car. Rabu testified that he did not know the contents of the bag. In the car, Amran handed the paper bag to the front seat passenger. Rabu gave evidence that he only realised that the bag contained cannabis when the front seat passenger opened up the bag and he smelt the drugs. He heard the front seat passenger say 'barang bagus'. Soon after that, the car was intercepted. Rabu suspected that CNB officers were conducting arrests and he attempted to flee because he thought he might be implicated for drug trafficking or at the very least for drug consumption. He had consumed cannabis while he was in Batam. However, he was eventually arrested. In court, Rabu claimed that the contents of that long statement, together with his statement that was recorded on 9 May , were inaccurate because he had made them involuntarily. Rabu alleged that he was suffering from a toothache and was not feeling well. He testified that he suffered from a lack of sleep and missed his family. In addition, when he made the statement on 15 May , ASP Tan read the statement made on 9 May and he felt that this was a signal that he must give a different answer when he recorded the later statement. Furthermore, he alleged that ASP Tan told him that if he co-operated, his sentence for the offence may be reduced. For these reasons, he contended that his statement was involuntary as they were made as a result of a threat or inducement. He alleged that ASP Tan did not record the full facts and contended that the accurate version of the facts was that he did not know anything about the drug deal or the contents of the paper bag that he collected. It was immaterial that Amran did not own the drugs. In any case, he found that Amran participated voluntarily in the drug deal. He relied on the statement made on 15 May as evidence that Rabu knew about and became involved in selling Boy 2. Sofia, the Malay interpreter who was present during the recording of both statements in question. Both emphatically denied that any threat, inducement or promise were offered to Rabu during the recording of his statements. He also contended that he was entrapped to commit the offence. We agreed. Amran had already admitted to all the essential elements of the charge against him by his own evidence, in court as well as in his statements to the CNB. He also took part in the delivery of the drugs by going with Rabu and the undercover CNB officers to Bukit Merah View to collect the drugs. Amran did not dispute all these facts in this appeal. It is trite law that entrapment is not a valid defence to a charge. The observation of the Law Lords that the defences of agent provocateur and entrapment do not exist in English law would also reflect the position in Singapore. It is not the province of the court to consider whether the CNB should have proceeded about its work in one way or the other. The court can only be concerned with the evidence before it. The fact that he was induced to act by a law enforcement officer could not exonerate him from his guilt. The appeal on this matter was purely factual. It reads:. A confession made by an accused person is irrelevant in a criminal proceeding if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient in the opinion of the court to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him. The court held that the prosecution had the burden to prove beyond reasonable doubt that the confession was made voluntarily although it need not remove 'every lurking shadow of influence or remnants of fear'. The court described the test of voluntariness as a partly objective and partly subjective one. The prosecution must prove objectively that there was no threat, inducement or promise, i. If the prosecution failed to prove this, it must then show beyond reasonable doubt that although there was objectively a threat, inducement or promise, it did not actually operate on the mind of the accused in question. Sofia to read his earlier statement back to him at the beginning of the recording of the later statement. First, he argued that this itself constituted a threat which Rabu had actually succumbed to. He also urged the Court to consider that he was particularly susceptible to any inducements or threats because he was unwell and was deprived of food, sleep and family visits. We agreed that such a situation could not amount to a threat objectively. It is not reasonable for an accused person to believe that he will avoid some evil of a temporal nature to himself by making an incriminating statement merely because the investigating officer reads back his previous statement. An accused who views the reading back of his own statement as a threat must clearly be labouring under his own delusions. It is trite law that such self-induced threats will not cause a statement made pursuant to it to be inadmissible. Sofia to threaten him by reading his previous statement back to him, it was probable that ASP Tan also offered him an inducement and the judge should have found in his favour. This argument clearly involved a leap of logic and we rejected it. Even if ASP Tan did threaten Rabu once which clearly had not been shown on the facts , it did not necessarily imply that he offered another separate inducement as well. No other reasons were raised to show that the judge was clearly wrong in finding that ASP Tan had not offered a lighter sentence to Rabu if he co-operated. Rabu claimed that he was unwell and complained that he was deprived of food, sleep and family visits. In his written submissions, Counsel for Rabu argued that these circumstances made Rabu more susceptible to any form of threat or inducement held out to him. He urged the Court to find that the statement were made involuntarily because he actually felt that he was threatened and offered inducements to make them. First, it was unnecessary to consider whether the circumstance actually operated on Rabu when he made the statement the subjective limb. Rabu did not raise a reasonable doubt that an inducement or a threat that would reasonably affect an accused and cause such a person to make statements involuntarily did not exist the objective limb. Under Gulam bin Notan v PP , it was unnecessary to consider the subjective limb of the test of voluntariness when the objective limb of the test had not been met. He noted particularly, that Ms. Sofia had no interest in ensuring that Rabu made an incriminating statement. Sofia that Rabu did not appear unwell and that he said nothing about feeling unwell or being unable to carry on with the statements at anytime. He was also satisfied that Rabu had not been deprived of food or sleep to such an extent that he could not comprehend what was going on during the recording of the statement. Consequently, we affirmed the trial judge findings of fact on this issue. Furthermore, although Rabu had been denied family visits, this would not make him more susceptible to inducements compared to any other accused person since the deprivation of family visits is necessary during the period of interrogation. Rabu had no basis to argue that he was more susceptible to an inducement or threat because he felt unwell and was deprived of food, sleep and family visits. We agreed that the trial judge rightly admitted and gave due weight to these statements. The law on confessions of a co-accused is clear. Section 30 of the Evidence Act Cap 97 reads:. When more persons than one are being tried jointly for the same offence and a confession made by one such persons affecting himself and some other of such person is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession. However, this went to the weight of the evidence, not its admissibility. Pursuant to s 30 of the Evidence Act, these confessions were admissible and could be taken into consideration against Rabu. Rabu argued that this evidence should be rejected because it was unreliable. Amran had an incentive to lie and shift the blame on Rabu since he believed that he could obtain leniency from the Court. In his confessions, Amran implicated himself fully for a serious offence that carried the mandatory death penalty. He accepted his own role in the matter fully. Although Amran did dispute the fact that he gave directions to the CNB officers to go to Bukit Merah View, this was merely a minor discrepancy. In the rest of his testimony, Amran did not seek to push the blame onto Rabu to lessen his role in the offence. Rabu contended that the judge made two main errors of fact. The first error was finding that he took part in the negotiations with CPL Fazuri to sell the drugs. Secondly, he argued that the judge wrongly found that he knew the true purpose of the journey in the undercover car and the contents of the yellow paper bag. Rabu argued that he could not have taken part in the negotiations with CPL Fazuri on 2 May at about 8 p. This was because he had just arrived in Singapore from Batam. However, the prosecution produced documentary proof in the form of the records kept by the Singapore Immigration and Registration to show that Rabu had disembarked from the ferry at the World Trade Centre Terminal at p. It was possible for him to be at Sixth Avenue at about 8 p. Rabu claimed that he did not know that the people in the undercover car intended to obtain drugs at Bukit Merah View. He testified that he was simply accompanying Amran on a journey with unknown men so that Amran could talk to him about horses. The judge found this explanation incredulous. It was illogical for a fully-grown up man to go along with Amran to Bukit Merah View with strangers without even first enquiring about the purpose or the length of time that they would stay there. In any case, there was no talk about horses and it was inconceivable that a person expecting to talk about horses would later just sit in the car silently while Amran and the front seat passenger continued talking. In light of the evidence, this inference was perfectly justifiable. The judge chose to believe these witnesses over Rabu. The Notes of Evidence did not show that the judge was clearly wrong to accept the testimonies of the CNB officers that Rabu acted on his own accord to collect the yellow paper bag. He explained that he bolted because he feared being caught for drug consumption. On appeal, he added that he tried to escape to avoid the beatings by the CNB officers who were trying to effect his arrest. He negotiated with CPL Fazuri for the sale of the drugs and he contacted the supplier in Batam to provide the drugs. On the 3 May , he and Amran entered the undercover car to go to Bukit Merah View to collect the drugs. Upon reaching the destination, he got down on his own accord and went to pick up the drugs from the supplier, brought it back to the car and passed them to Amran who in turn delivered it to CPL Nabil. We found that his appeal against conviction was devoid of merits and we upheld his conviction. He submitted that the Court should consider the fact that Rabu was entrapped into committing the offence as a mitigating factor in sentencing him. Section 33 1 read with the Second Schedule of the Act prescribes a mandatory death sentence for persons convicted under s 5 1 a of the Act for trafficking more than grams of cannabis. There was no room for judicial discretion in sentencing in the face of the clear wording of the section. Criminal Appeal No 23 of Court of Appeal.
Pakistan Health Minister Abdul Qadir Patel, in a press conference on Friday, claimed that Imran Imran Khan's medical report shows cocaine use.
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It appeared that Imran Khan was doing about six grams a night. Three bags of the magic stuff were consumed in one night. He was sinking right in front of my eyes and I watched helplessly. I thought it was repeated disappointments in politics. But perhaps even the secret maligning plan he had drawn up for his own wife tortured him on some level. He needed to bury that inner voice of conscience in more white stuff. He would avoid my questioning eyes as I discovered the empty plastic bags in the bin wrapped in torn scraps of newspapers. Just after we tied the knot, while I was in the middle of filmmaking, I had been thinking that my film crew must be dabbling in drugs. I decided to ask them to explain what I had found. A large plastic sandwich bag full of mystery capsules had been delivered by Zakir. One of the production crew opened it in my office and tasted it in front of four other crew members. He exclaimed that it was speed, but of some lethal variety. I went back home and flushed them down the toilet, but the candy just kept coming back, from various sources and in different varieties. He was either hiding it rather well, or trying to cut down. He would openly light a roll-up cigarette in front of me, filling it with a substance broken off from a round flat black mixture. He would heat it and add it to cigarette, and sometimes smoke in the afternoons. He gave me the impression that it was marijuana but it did not smell like weed. I would stumble across it several months later when making a documentary for an anti-narcotics campaign and discover it was black tar heroin. The odd thing was that Imran would appreciate me a lot throughout the marriage for being such a clean woman with no vices. And he would say it as if there was nothing else good about the marriage. I realised later that he wanted me to think he was not doing it anymore, so I would never talk about it after he carried out his plan. The day of the NA Lahore-V result was a major moment. We had been watching the results on TV. Aleem Khan had lost. I was trying to be my supportive best, insisting that he had done really well and that it was a victory of sorts. Eventually I got up to check on him, worried he might be really upset. The door of the bathroom was open, and on the window sill was a huge heap of white dust. Imran was lining it up with a nail brush. I stood frozen to the spot. Imran spotted me and saw the shell-shocked expression on my face. I turned on my foot and walked back to sit on the sofa like a robot. Imran rushed towards me immediately. He grabbed my feet pleading for forgiveness and then pulled me into his arms. He begged me for forgiveness over and over again. We all deceive ourselves constantly. Some do not want to confront their own reality and some cannot bear to confront the reality of their loved ones. I knew that this was who he was but I wanted to turn a blind eye to his weaknesses. We exaggerate their qualities. We are economical with the truth. The sight of my man… my leader… reduced to that of a helpless addict burnt my eyes… and my soul. Who could I ask for help? My mind raced through the options. There was no one I trusted. There was no friend he had I could approach. How exactly do you take Mr Imran Khan to rehab? My attitude was not the least bit understanding, but with Imran, I was gentle. Not once did I show anger or accuse him of being a drug addict. Instead, I adopted a quieter approach. Every morning, I would find his saucer hidden in a new spot, with a credit card and residual coke. I would move it so Imran would know that I knew. He had asked me right at the start to support him in getting out of his bad habits. I made gentle suggestions, and he made endless promises to quit. I never even made a direct or insulting comment about his addiction. I only ever mentioned the Epill once. I could see a growing campaign against me, with images of his sister, ex-wife, and sons being promoted on PTI social media. It was deliberately being painted that his ex-wife and sisters were his family, and that I was an outsider who had no place. After he returned from one of the Lahore jalsas, I asked him why his nephew was telling the Information Secretary to put up old pictures of Yousaf Salli and Aleema to hype his upcoming birthday on his Facebook page. He reacted with a lot of anger, and said that his nephew was not doing anything of the sort, and that I was hallucinating. I looked at him, stunned and embarrassed. I was more stunned at the apology. At the time, I took it as genuine remorse. And then the night came when I would fall for it yet again. Those promises of change and of cleaning up his act that I so desperately wanted to believe would appear again. The book is published by SK Publishing Ltd. India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. ThePrint — with exceptional reporters, columnists and editors — is doing just that. Whether you live in India or overseas, you can take a paid subscription by clicking here. Support Our Journalism. A person who is addictive to such lethal drugs can never have a clear vision and goal — achieved lately. And to add what is an indian newspaper now interested in Pakistani elections? Worry about your own issues e. Save my name, email, and website in this browser for the next time I comment. Sunday, October 20, Book Excerpts. Imran Khan was doing about six grams of cocaine a night and sinking deep. Reham Khan. Imran Khan with his dog 'Motu' Reham Khan's personal album. Follow Us :. Show Full Article. Support Our Journalism India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. Sustaining this needs support from wonderful readers like you. That cocaine addict is now 10 years old and fit than many youngsters. What a liar she is. Looks like imran married a Pakistani trash who will sell anything to get her 2 minutes of fame. Comment: Please enter your comment! Most Popular. Call the troops back Shekhar Gupta - October 19, Neither settling on final pick Purva Chitnis - October 19, Delhi NCR restaurants have a new offering. Toilets Triya Gulati - October 19, Follow us. All rights reserved.
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He admitted that he and Rabu negotiated the sale of cannabis to CPL Fazuri and that he went with Rabu to deliver the drugs to the undercover CNB officers. He.
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