Buying Heroin Ang Mo Kio

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Buying Heroin Ang Mo Kio

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. At about 4. From Tampines they went on to Bedok North St. The couple left the motor cycle carrying shopping bags and walked towards Block , where they took the lift to the eleventh floor. Instructions were issued to arrest them when they return to the motor cycle. At about 8. A key chain with four keys was recovered from Sharom. He was asked if they belonged to him, and he confirmed that. Also recovered was a Marlboro cigarette box containing a sachet of substance suspected to be heroin. This cigarette box was tucked in his waistband. Upon being questioned, Sharom claimed that he and his girlfriend had come from a coffee shop at the next block. Using the seized keys, they gained access to which is a one-room flat 'the Ang Mo Kio flat'. They searched the flat and recovered two items suspected to contain drugs. One was a green-and-black haversack which was in the room next to a cupboard and the other was a plastic bag placed below the sink in the kitchen. When the haversack and its contents were shown to Sharom, he was distraught. He knelt down so that his forehead touched the ground, and appeared to be near to tears. Ten packets of substance were recovered from the main compartment of the haversack and two sachets of substance were found in the front compartment. Sharom was questioned about them -. The suspected drugs were analysed subsequently. The 10 packets were found to contain not less than Inside the plastic bag were a weighing scale, 21 empty sachets, and a cigarette box containing a sachet of substance and a piece of metal foil. He was questioned about them and admitted that those items belonged to him. The sachet was analysed and found to contain 0. The worn clothes of Sharom and Norsila were found soaking in pails in the toilet, and a motor cycle cover for the motor cycle they were using was found in the hall. When the investigation officer Inspector A Muruganandam arrived at the flat, he also questioned Sharom on the drugs in the haversack, and the exchange was recorded —. Subsequently, at the CNB offices, the inspector questioned him further -. The officers also searched two other places. Nothing incriminating was found in these premises. Subsequent to his arrest, statements were recorded from Sharom. The first statement was a cautioned statement made on 24 March in response to a charge of trafficking in the recovered diamorphine with Norsila. In this statement, he said. The ten large packets of heroin found in the haversack are not mine. As to the one sachet found in the kitchen I admit that they are mine. The other two sachets of heroin found in the side pocket of the haversack are not mine either. I went to this place to change my clothings. I just had bought some new clothings. My intention of going to the house was also to retrieve the sachet of heroin from the kitchen. This heroin sachet belongs to me. I admit that the haversack belongs to me which I had placed there on Friday before my arrest. She accompanied me to the house. That is all. Thereafter, investigations statement was recorded on 25 and 31 March and 5 April. He recounted that. The first time was on the Sunday prior to my arrest. I left Lorong Ah Soo at about 8. Bok Senang asked me to buy breakfast before coming to his house and he left with Saddam at about the same time. I then called Bok Senang and confirmed his address before going up to his house at unit I did not ask him why he needed the haversack. I have been having my haversack which is green with linings since He stated —. This was on the Friday before my arrest. I went to this place because Bok Senang asked me to go there. At the same time I had run out of heroin supply myself. It was about 8. Bok Senang then went down to meet Bai at the void deck and they came up together. I remained behind in the room. I then saw Bai carrying a red coloured shopping bag. I was also told to go out of the room when Bai and Bok Senang came in. Bok Senang asked me to get out. I took out about three packets of heroin from there and handled them to have a look. This was the first time that I have seen so much heroin. This was the largest amount of heroin that I have seen Bok Senang having. After handling the heroin packets I placed them back into the red shopping bag. I believe that these are the same heroin. I then smoked heroin with Saddam in his room. Saddam was the one who provided the heroin. I know that there were some more packets of heroin inside the red shopping bag. On 19 March he and Norsila went to the Costa Sands chalets as the guests of Boksenang and his wife who were celebrating their common birthday which falls on 21 March. On 20 March he asked Boksenang for the keys to the flat. There were three keys in the bunch and they were attached to a black bushy key chain. This was the first time that Bok Senang had handed over his house keys to me. Norsila was with me then when Bok Senang handed over the keys to me. In the house I took the heroin out the heroin sachet which I had kept at the kitchen. I then smoked some of the heroin with Norsila. I then split the remaining heroin into two sachets of heroin. I had with me in the white plastic bag some empty sachets for this purpose. I then placed one sachet of heroin in a Marlboro cigarette box. The Marlboro cigarette box was placed back into the white plastic bag. The other sachet was also placed into a Marlboro cigarette box and I kept it with me. Norsila then took a bath and I changed into my new track pants and T-shirt. I did not take a bath. I soaked my old clothing into a pail of water. After changing into my new track pants I tucked the Marlboro cigarette box containing a sachet of heroin under my pants. I did not know where it was placed and never knew that there were drugs in it. When we reached the car park we were arrested. Boksenang also known as 'Bob Senang' or 'Bob' was not arrested with Sharom. He evaded arrest till 28 July A cautioned statement was recorded from him on 31 July, on a charge of trafficking the heroin in the flat with Sharom on 20 March. His statement was. I have nothing to say right now. I need time to think about it. The drugs found in my house does not belong to me. I do not know whose drugs they were. In subsequent investigation statements made on 31 July and 2 August he said that he had not moved into the Ang Mo Kio flat from the time he rented it in February He had allowed Sharom to stay in the Ang Mo Kio flat since February without payment after Sharom told him that he needed to move because the CNB was aware that he was staying and trafficking drugs there at Kim Keat Avenue. Boksenang made a statement on 11 August which he claimed was involuntary and inadmissible. In view of this, a trial-within-a-trial was conducted to determine whether it was admissible. Boksenang confirmed that prior to 11 August the investigation officer had recorded statements from him, and that those statements were made voluntarily. The statement on 11 August was recorded under different circumstances. Before the recording started Inspector Muruganandam warned him in the presence of the interpreter 'You better make your statement properly so that I will have an easy job. If not, I will arrest your wife because she is the second owner. This is the law. He pleaded with the inspector not to arrest his wife because she had given birth three weeks earlier, and she did not know anything about the heroin. The inspector did not relent, and the interpreter Sofia binte Sufri confirmed that his wife could be involved as the second owner of the flat. He thought about his children and was so concerned that no one would look after them if his wife was arrested that he decided to 'follow what he told me to do. He told the inspector that all that was untrue, but the inspector dismissed that and told him that he had the power to detain him as long as he wanted. I do not know what I was doing' and 'Just to please him, I just followed whatever he said' although the inspector did not tell him what to say. Do co-operate, I can empathise with you. I would let you see your wife. This is special for you as long as you co-operate'. The inspector also told him not to be afraid because there was no evidence against him except that the flat was his, and told him that he would try to get the charge reduced to a non-capital charge. In the circumstances, he yielded, and the statement was recorded. The completed statement was then read back to him in Malay, he was given the opportunity to correct it before he signed it. He also agreed with counsel that Boksenang had protested that he cannot say something that would kill him, except that this did not take place on 11 August and was said on 31 July. On the reduction of the charge, her evidence was that the inspector did not make any promise and had only advised Boksenang to bring that up with his counsel. The inspector had recorded three statements from Boksenang before 11 August, and that on those occasions, he had not used any inducement, threat or promise when he recorded the statements. The inducements, threats and promise were alleged to have been made in the presence of the interpreter, but her evidence was that the inspector did not make any of them. I noted that Boksenang added to his complaints as the voir dire went on. It was not raised to the inspector and the interpreter, or in his own evidence-in-chief that the inspector threatened him with indefinite detention if he did not co-operate. It was a serious threat, but Boksenang only mentioned this during cross-examination. I did not accept that he made his statement on 11 August as a result of any inducement, threat and promise from the inspector, and I found that the prosecution had proved beyond a reasonable doubt that the statement was a voluntary statement. I therefore admitted the statement in evidence. In this statement Boksenang said. I am now referred to a photograph in a album showing a green bag and I am also shown a green bag physically. I can identify the bag as that which I have seen Boy Dol carrying with him all the time that I have met him. The bag does not belong to me and I have never taken custody of the bag from Boy Dol at any time. I am very sure that the bag belongs to Boy Dol and I am aware that there were money in the side pocket of the bag when Boy Dol came to see me at Blk Jelapang Road on the Friday before my birthday. Boy Dol visited me at Blk Jelapang Road in my rented room on this day. Boy Dol visited me in the morning at about 9 to 10 a. After Boy Dol arrived I asked my wife to leave the room and wait in the hall. When Boy Dol came to my room he was carrying the same green bag which was shown to me. He had the bag over his shoulders and I also saw him carrying a chrome helmet. After the arrival of Boy Dol in about 20 minutes Bob arrived and he brought with him a fruit carton into my room. Bob had brought inside the fruit carton about 25 packets of heroin. Each packet of heroin weighs about 1 pound or about grams. I know about the weight because I had a digital weighing scale in my room all the time. I saw Boy Dol taking the ten packets of heroin from the fruit carton and placing it into the green bag. When Boy Dol gave the money for the ten packets of heroin I saw him take the money from the side pocket of the green bag. I saw him counting the money in front of me when he paid me. I also saw Boy Dol take the ten packets of heroin straight from the carton and placing them one by one inside the green bag. All the packets of heroin came in a plastic packet wrapping. At the time when I was in the room with Boy Dol and Bob my friend Saddam Hussain who is staying in the next room also came over and I sold him two packets of heroin from the same consignment. After the transaction with Saddam Hussain he left the room. Left in the room were Boy Dol, Bob and myself only. The three of us then smoked some heroin in the room using Chasing the Dragon method. We took some heroin from the packets of heroin which Bob brought in the fruit carton to smoke. After this Boy Dol left with the green bag filled with ten packets of heroin which he had taken from the fruit carton. Boy Dol is aware that I am getting the heroin from Bob but he cannot negotiate directly with Bob as I am the one who would deal with Bob. I advised him to place it in Surrey Mansion which is near Newton. I know that Boy Dol has an apartment at Surrey Mansion. On this evidence the prosecution charged Sharom and Boksenang that they. The person referred to as 'Saddam' or 'Saddam Hussain', who is actually Mohamed Hussain bin Abdul Rahman was called as a witness but he refused to testify. The person referred to as 'Bai' or 'Bob' who was established to be Zakaria bin Hashim was not a witness as he was not apprehended. He was staying there with his girlfriend Norsila since January after he failed to report for urine tests. They went to the flat in the morning where they met Boksenang, Lisfah, Hamidah, Mohamed Hussain and his girlfriend. He and Norsila were at the flat till about pm. When they were about to leave the flat, Boksenang asked to borrow the haversack he was carrying. Although Boksenang did not say why or how long he wanted the bag, he lent it to him. They spent the night there with Boksenang, Lisfah and Hamidah. On Friday morning Boksenang told him he would be going to the Jelapang Road flat and he decided to go there too because he want to replenish his stock of heroin from Mohamed Hussain. Norsila and Hamidah remained in the Ang Mo Kio flat. Boksenang left the flat and returned with the friend, Bai, whom he had seen before, but they were not acquainted. Bai was carrying a big red plastic bag. He saw packets of heroin placed on the plastic bag and examined three of the packets. He slept till Norsila called him on his handphone. After speaking to her, he left the flat and returned to the Ang Mo Kio flat. Throughout his time at the Jelapang Road flat he did not see his haversack. He had a quick meal at the Ang Mo Kio flat and then left with Norsila. On Saturday afternoon he told Boksenang that he wanted to go to the Ang Mo Kio flat to retrieve the sachet of heroin he had kept in the kitchen. He had obtained this sachet from Mohamed Hussain at the Jelapang Road flat on the day before, and had kept the sachet at the flat so that his friends at the chalet would not consume it. Boksenang handed him the keys to the flat, the first time that Boksenang lent them to him. He and Norsila left the chalets. First they went to visit his sister at Tampines, then they went to the Tampines Mall where he and Norsila bought clothes for themselves, and then they went to Bedok North where he had a haircut before they returned to the Ang Mo Kio flat. They were in the flat for less than an hour. Norsila tidied up the kitchen and warmed up some food. She had a shower and they put on the new clothes they bought and soaked the clothes they had worn in pails. He retrieved the plastic bag from the kitchen. Beside the sachet of heroin, there was a weighing scale and 21 empty sachets in the bag. He had these items because he sold heroin to friends when he needed money and used the scale to measure the heroin. He divided the sachet into two parts. One part was to be taken to the chalets while the other part was to be kept in the kitchen. While they were in the flat he and Norsila smoked heroin. They received a call from Boksenang who asked them to return to the chalet. He replaced the plastic bag and its contents to its depository in the kitchen, and placed the portion of heroin intended to be brought to the chalets in a cigarette box that he was carrying. They then left the flat to return to the chalets, only to be arrested at the car park. When he was arrested, he lied about where he had come from because he was afraid that they would discover the heroin and the scale in the kitchen of the flat. When he was brought back to the flat the haversack was brought in front of him. The contents of the plastic bag were also shown to him. He admitted that the haversack and the drugs and weighing scale in the kitchen were his but denied ownership of the drugs in the haversack. He explained that when he saw the haversack and its contents, he knelt down and almost cried because he was in a shock. His counsel brought him through parts of the statements recorded from him. He was referred to his cautioned statement where he said he had placed his haversack in the Ang Mo Kio flat the Friday before his arrest. This was inconsistent with paragraphs 38 and 41 of his investigation statement and his evidence in court that he lent the haversack to Boksenang on Sunday. He maintained that he said Sunday and not Friday when his cautioned statement was recorded. He said that was his mistake, and reiterated that he only spent Thursday night there. He was married to Lisfah on 9 December After they were married they rented and stayed in a room in the Jelapang Road flat. Mohamed Hussain rented another room in the same flat. He was allotted the flat and received the keys on 1 February After taking possession of the flat, it was substantially furnished. There were a grille gate, kitchen cabinets, linoleum flooring, a cupboard, a television set, refrigerator, washing machine, a bed, mattresses and pillows. However he and Lisfah did not move into the flat because he had resumed his heroin habit, and was afraid that he would be traced to his rented flat and be tested for drugs. He allowed Sharom to occupy the flat because Sharom needed a place to stay, and he gave him a set of keys to the flat. He knew Zakaria bin Hashim as 'Bai' or 'Bob'. He bought heroin from Bai for his own consumption, and Mohamed Hussain was also a customer of Bai. Bai would deliver drugs to the Jelapang Road flat. During the period March he was not at the Ang Mo Kio flat. He did not meet Sharom on Sunday 14 March and did not borrow his haversack. Sharom was there to meet Mohamed Hussain, and was carrying a haversack when he arrived. After Sharom arrived at the flat, Bai also came to the flat. Bai had come by prior arrangement because he wanted to buy a sachet of heroin from Bai for his own consumption. Bai was carrying a fruit carton which he took into his room. Subsequently Mohamed Hussain joined him, Bai and Sharom in the room. Bai handed him the sachet of heroin he had wanted. Sharom and Mohamed Hussain also bought heroin from Bai. Sharom bought 10 packets and placed them in his haversack. Mohamed Hussain bought 2 packets and returned to his room, but Sharom remained in the room with him and Bai and the three of them smoked heroin together. As Sharom was leaving, he told Sharom not to take the haversack to the Ang Mo Kio flat, and Sharom assured him he would not do that. That night he, Lisfah, Sharom and Norsila were at the chalets, and they all spent Friday night there. Sharom told him that he and Norsila were going to the flat, but he did not join them. He was taken through his investigation statements. He also did not know the weight of a packet but was told that by the inspector. He also did not sell packets of the heroin to Sharom and Mohamed Hussain, but the inspector insisted that Bai did not exist, and told him to admit that he sold the heroin to Sharom and Mohamed Hussain, and he complied so that his wife would not be arrested and would be able to look after their children. I did not accept that his access to the flat was limited to these three occasions. When he was arrested he admitted the keys to the flat he was carrying were his. He had kept his sachet of heroin, weighing scale and empty sachets in the kitchen of the flat. The evidence shows that he was not just an occasional invitee to the flat, but that he and Norsila had the use of the flat to themselves or together with Boksenang, Lisfah and Hamidah. I also do not accept his evidence that he had borrowed the keys and had gone to the flat on 20 March to retrieve his sachet of heroin. He claimed that he obtained the keys from Boksenang for that purpose in the presence of Norsila. This was contradicted by Norsila. He attempted to minimise his connection with the flat by retracting the admission in paragraph 38 of his investigation statement that he was staying there from Monday till Friday morning and claimed that he only spent Thursday night there. His explanation that he had made a mistake in his statement was not credible to me. A person who had spent one night in a flat may not remember if it was Thursday night or some other night, but he would not say that he stayed there 'from Monday till Friday'. There were also shortcomings in his claim that Boksenang had borrowed his haversack. It was an ordinary haversack which should be available easily and would not cost very much. Yet according to him, Boksenang asked to borrow it from him without saying why he needed it and when he would return it, and he lent the bag to Boksenang with no questions asked. The fact that Sharom mentioned in his cautioned statement that he placed the bag in the Ang Mo Kio flat on the Friday before his arrest the day Bai delivered drugs to the Jelapang Road flat was significant. He claimed that he had said Sunday, and not Friday, when he made the statement, but that was contradicted by the interpreter who maintained that he said Friday and had confirmed that when the statement was read back to him before he signed it. She mentioned in her statement —. On that day when I took the bike with Sharom, I was carrying the haversack which was found at Blk Ang Mo Kio 10 with the 10 packets of heroin. This haversack belongs to Sharom and he has been carrying it for about two weeks. I normally place my wallet, my jacket and asthma medicines in the haversack. Sharom normally keeps his personal belonging like wallet and keys to the house in Blk Kim Keat inside this haversack. I also smoked heroin with Abang Bok, Sharom and Saddam. At about 7. Sharom told me to remove my belonging from the haversack and I did not ask him why and neither did he tell me so. This contradiction raised substantial doubts on the veracity of her evidence on the haversack. Boksenang also sought to distance himself from the Ang Mo Kio flat. He claimed that although the flat was substantially furnished, he had not moved in. He said he did not want to move in because he was consuming drugs at that time. Unlike Sharom, he did not have to report for urine tests. Nevertheless, he said that he was worried that the CNB may make a random check on him at the flat because he has a drug record. That was his only reason not to move into the flat, but his wife Lisfah did not know about it. She said that they did not move in because they had already paid rent for the Jelapang Road room. When it was established that the rent was not paid in advance, but was paid at the end of each month, she said they stayed on at Jelapang Road because she wanted someone to accompany her as she was pregnant. I also found that Boksenang was telling the truth when he made his statement of 11 August.. I rejected his claim that the recording officer had threatened to arrest his wife, to detain him indefinitely, assured him there was no evidence against him, promised to get his charge reduced, or offered him visiting privileges to obtain that statement. This was the third investigation statement recorded from him. The investigation statements were recorded by the inspector asking questions, and recording the answers in a narrative form. Each statement covered distinct events, and in the statement of 11 August Boksenang did not change what he had said in his earlier investigation statements. Boksenang claimed that before the statement of 11 August was recorded, the inspector told him what Sharom had said in his statements, and he had made his statement to appease the inspector. However Sharom in his statements claimed that Boksenang had borrowed the haversack, and he did not admit to buying heroin from Boksenang at Jelapang Road on 19 March. I took stock of the evidence. With regard to Sharom the uncontroverted evidence was that the 10 packets of drugs were in his haversack, that he had the keys to the flat. By his own admission, he knew the contents of the haversack to be heroin. I found that he did not lend the haversack to Boksenang, and that he had greater access to the flat than he admitted to. I also found that he had bought the 10 packets of heroin from Boksenang at the Jelapang Road flat and that they were in his possession when they were recovered in his haversack in the Ang Mo Kio flat. In any event, he had not rebutted the presumption arising under s 18 c of the Misuse of Drugs Act from his possession of the flat keys, that he was in possession of the heroin. He also did not rebut the presumption under s 17 that the large amount of heroin was in his possession for the purpose of trafficking. With regard to Boksenang, the most incriminating evidence against him was his admission that he bought 25 packets of heroin from Bai and sold 10 of them to Sharom. There was no direct evidence of a criminal conspiracy between them to traffic the drugs as contemplated in the joint charge they faced. I had raised the question to counsel whether on the evidence, there was a basis to infer such a conspiracy, and also whether the evidence disclosed that the two accused committed separate offences, and invited their response. Both the first and second accused persons are close friends and not mere acquaintances as would they have this Court believe otherwise. The 'renting out' without authorisation of HDB of the fully furnished and recently procured Ang Mo Kio flat by the second accused to the first accused can only give rise to only one satisfactory explanation — there was consensus ad idem between both accused that they were going to use the Ang Mo Kio flat as their joint operation centre for their drug trafficking activities while maintaining residences at Kim Keat and Jelapang Road as hide-outs or stores. I found that the evidence did not lead to an irresistible inference of a criminal conspiracy as alleged in the charge. Instead there was evidence that Sharom had bought 10 packets of heroin and kept them in his haversack together with the two sachets, and evidence that Boksenang sold them to him. I was mindful that their accounts of the events at the Jelapang Road flat differed in that Sharom said that Bai brought the heroin in a red plastic bag, and Boksenang said he carried them in a fruit carton, but I did not regard that as material. Consequently, I amended the charge against them into separate charges that. You, Sharom bin Ahmad, are charged that you on or about the 20 th day of March , at about 8. You, Boksenang Bin Bochek, are charged that you on or about the 19 th March , between 9. I gave counsel the opportunity to recall and re-examine the witnesses, call additional witnesses and to submit on the amended charges, but the offer was not taken up. In the circumstances, I found each accused guilty on the charge he faced, convicted him, and imposed the mandatory death sentence.

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Buying Heroin Ang Mo Kio

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Buying Heroin Ang Mo Kio