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The Straits Times, 9 August 1979

Seremban buying Heroin

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. They were convicted and sentenced to suffer death. The syndicate members were Indians who were very discreet and would not pass on their telephone numbers. SGT Rajkumar asked that a deal be arranged with him posing as a potential buyer of heroin. His mobile telephone number was given to the syndicate for this purpose. They were to keep observation on SGT Rajkumar when he met the seller later for the transaction. SGT Rajkumar would give a thumb-up signal once the transaction was completed and that would be the signal for the rest of the officers to move in for the arrest. About ten minutes later, SGT Rajkumar received a telephone call from someone identifying himself as Vignesh who told him that the place of transaction had been changed to Admiralty Road in front of the An-Nur Mosque in Woodlands, a short drive away. Vignesh asked SGT Rajkumar what his mode of transport was and the CNB officer informed him that he was in a silver-coloured car with the numbers SGT Rajkumar then relayed the information on the change of venue to the rest of the CNB team which left immediately for the said mosque to take up their positions. Along the way, SGT Rajkumar was informed by one of the officers that a male Indian wearing a green jacket and carrying a helmet containing a white plastic bag was walking with a limp up and down the area in front of the mosque, between a bus stop and the junction of Admiralty Road and Woodlands Centre Road. A male Indian B1 was staring at the vehicle. As he approached the vehicle, SGT Rajkumar got out and walked towards him. The entries read :. Take the money and follow. How, can u trust the male Chinese in the car. After stopping in front of the mosque, after the gate of the. Take out the money. You know. Handed over the white plastic bag from his Maroon helmet Is the. U watch and see. You are sure to come back to deal. There was a red plastic bag inside with a packet of yellowish granular substance. SGT Rajkumar identified himself as a CNB officer and questioned B1 who told him that his 'annai' or elder brother had given the packet to him and that the brother was somewhere in the vicinity waiting to collect the money from him. After B1 had spoken to his brother over the mobile telephone, he informed the CNB officers that his brother was in the vicinity of the fruit shop along Woodlands Centre Road and that he was on a motorcycle. The CNB staff car was then driven towards the junction for B1 to point out his brother. B1 identified a man in a grey shirt standing next to the Woodlands Post Office Savings Bank branch as the brother. ASP Krishnan identified himself and asked B2 what he was doing there. B2 replied that he was waiting for his friend. When the CNB officer asked for the name of the friend, B2 did not mention any name. B2 was searched and a set of keys was found on him. Nothing incriminating was found on the motorcycle. The questions and answers recorded in the field book were as follows :. A1 Kallu stone in Tamil. Q2 Who gave it to you? A2 He, Moorthy gave it to me. Q3 What did he ask you to do with it exhibit. A3 Moorthy asked me to hand it over to Thayiru. Q4 Showing the accused a passport with photograph, I asked him, Is this Moorthy? Passport no. A4 Yes, this is Moorthy'. The questions and answers were then read back to B1 in Tamil. He declined to make any corrections. He then signed in the field book. Both CNB officers disagreed that B1 had in fact mentioned 'sambrani kallu', said to be a yellowish, strong-smelling substance used as incense for religious purposes, a packet of which would cost only a few dollars and which was easily available. ASP Krishnan stated that he would have recorded accordingly if those words had been mentioned by B1. B2 denied that he was the one who had handed the plastic bag to B1. The two accused persons were then sent for urine tests to be conducted. Subsequent analysis by the Health Sciences Authority showed that morphine was not detected in the urine samples of both accused persons. Nothing incriminating was found there. At about 5. It weighed about This was subsequently handed over to the Centre for Forensic Science, Health Sciences Authority for analysis and was found to contain not less than Subsequent fingerprint examination by the Scene of Crime Unit of the white and the red plastic bags handed over by B1 to SGT Rajkumar showed negative results. This was done from about 8 pm with the assistance of a certified Tamil interpreter, Raja Gopal. In that statement, B1, who spoke in Tamil, said:. It belonged to the male Indian outside this office. His name is Moorthy. He was arrested after my arrest. Moorthy passed the stuff to me at my house in Johor Bahru, Malaysia. After he passed the stuff to me, he asked me to hand it over to Tahir and also gave me a phone number to call Tahir. I rang up Tahir and I asked him to wait for me in front of the mosque in Woodlands. I went to the mosque and handed the stuff to Tahir. Tahir handed the money to me and I was arrested by the same person whom I believed to be Tahir. I do not know that the stuff was heroin. Moorthy told me the stuff were stones. I have not seen heroin before. When I was arrested, then only I knew it was some sort of drug'. The statement was then read back and interpreted to B1 who signed it without addition or alteration. Silan, also a Malaysian Indian residing in Johor Baru, was his colleague and friend. B1 said he carried with him a plastic bag containing food and another plastic bag containing what he thought were stones. B2 gave him a telephone number at which to contact Tahir. If B1 could not contact Tahir by 12 noon that day, he should telephone B2 at a given number. B2 did not explain what was inside the plastic bag or why B1 was to collect so much money for the 'stones'. During the course of work, his injured leg hurt badly and he informed his supervisor who permitted him to go home. Unfortunately, the motorcycle suffered punctures in its tyres along the way to the Woodlands Checkpoint and B1 had to hitch a ride to Woodlands from a Chinese man. In this later statement, B1 explained that B2 had gone to his home in Johor Baru twice before their arrest — the first being approximately 8. It was on the 2 am visit that B2 handed him the plastic bag of 'stones'. B1 was not home then. He had gone to a temple. He walked home at about 9 pm and found B2 waiting for him. When B1 asked him whether he was going to Singapore, B2 said there was no need for him to as B1 travelled there to work everyday and could help deliver the 'thing' to his friend, Tahir, in Yishun. B1 told B2 he did not know how to go to Yishun. B2 then told him to telephone Tahir to go to Woodlands. B1 agreed to make the delivery for him and asked B2 to bring the thing to him. That piece of paper was discarded by B1 after he had made the call to Tahir later that day. When B1 asked B2 what was in the plastic bags, he replied, 'stones'. B1 agreed to do the delivery for B2 who then left. B1 left the plastic bags in the hall and returned to sleep. He had made prior arrangements with Silan on 19 September They then left for Singapore. The following year, he met B2 there and they became close friends. He had seen B2 driving a lorry before but did not otherwise know how B2 made his living. B2 had told him that he transported goods and supplied workers. After he arrived there at about Tahir said he would go to Woodlands and would be wearing a white jacket. They arranged to meet near the mosque in 10 to 15 minutes. He told B2 about the arrangements made with Tahir and asked B2 to hand the plastic bag to Tahir himself. B2 said he would go to Woodlands immediately. B1 then bought himself a drink and waited for B2. He put the plastic bag in his helmet and went to the entrance of the mosque. B1 walked towards him. That man asked B1 whether he was Vignes and whether he was the one who called him. B1 replied affirmatively. That man then asked him, 'where is it? That man then asked, 'where is your friend? B1 told him he was on his way. He then took the plastic bag from the helmet and passed it to that man who handed him a rolled up stack of notes. B1 asked SGT Rajkumar 'why he was catching me, for what'. He was told he was being arrested by CNB officers. After he was made to sit inside a car, he again asked why he was being arrested and was asked whether he knew what was inside the plastic bag. He replied that he did not know. When the officer told him it was a controlled drug, B1 told him it did not belong to him but to his 'annai' who would be arriving soon. He told B2 to meet him at a fruit stall at Woodlands Centre. He did not think that these two Tamil words would be used together in any case — one would refer to 'sambrani' as simply 'sambrani'. Among the items found on B2 at the time of arrest was a cash cheque post-dated to 2 October for the amount of RM1, issued by Hi-Tech Transport Agency. Both occasions were in B2 wanted to visit him and to collect a letter addressed to B2 but he did not have a motorcycle. He therefore asked B1 to give him a lift, showing B1 the way to Yishun. After the visit, B2 proceeded to his previous place of work in Singapore to meet his friends. He was about 1 km away from the Woodlands Checkpoint then. Someone gave him a lift home. His motorcycle was left by the roadside. He went to receive outpatient treatment at a hospital. B2 told him he was on his way to attend a family birthday function and would go and visit him later. B2 went to his house at around 7 or 8 pm that evening with his wife and their two children and stayed until about They did so and managed to find the motorcycle and ride it back to Johor Baru. On 19 September , he telephoned his supervisor at his place of work to inform him that he would be reporting for duty the next day. B1 told him he would return home in about 10 minutes. B2 called again. B1 then told him he was on his way home. He reached his home just before 9 pm. His uncle and his sister were there with B2. B1 replied that he had to work the next day and had no time to do the favour requested. B2 said it was to pass 'sambrani kallu' to his friend in Yishun. When B1 said he did not know how to go to Yishun, B2 told him there was no need to as he only needed to call a certain number which he would give him. B1 asked B2 where the thing to be delivered was and B2 told him he had gone to his house to ask him first and would return with it within one hour. He told B1 he was going to do that business again. He also said he had asked for money from that friend in Singapore to do something and told B1 to pass the thing to him and to get the money from him. He replied that he and his brother-in-law had gone to apply for a licence to do a chicken and duck business. This was in addition to the 'sambrani' business that he was going to resume. When he had not returned close to midnight, B1 and his family went to bed. B1 opened the door for B2 and asked him why he had returned only at that hour. B2 said he was caught in the rain. He then passed the thing to him in a red plastic bag which was tied at the top. He also handed B1 a piece of paper with a telephone number on it. B1 placed the plastic bag and the piece of paper on a table, told B2 he would deliver the thing and they parted. He did not open the plastic bag to look at its contents. They then returned to bed. Along the way to the Johor Checkpoint, he bought a loaf of bread. There, B1 placed all the things he was holding on a table and started to clear the cargo that had to be shipped out. After getting the number from B2, he continued with his work until about 8. He had not met Tahir before. Tahir told him to go to Yishun instead. B1 replied that he did not know the way there and that he had a recent accident and was working at that time in any case. He told Tahir to meet him at his place of work at 1 pm, his lunchtime. Tahir agreed to do so if he could get a car. Between 9 and 10 am, he called B2 again to confirm that he had managed to contact Tahir and to make the arrangement for him to take the 'sambrani kallu'. B2 reminded him about the money he was to collect. He had consumed all his entitlement of medical leave. His supervisor advised him to take half a day of leave and to go home. He took the advice and at about He then telephoned Tahir and told him he was returning home and asked him to meet him at the fruit shop in Woodlands. He then left his place of work at about 11 am with the plastic bag from B2. He waited by the roadside for 15 or 20 minutes before he managed to hitch a ride from someone going to Woodlands. He arrived at the mosque around noon but could not see any male Tamil. B2 had told him Tahir was a Tamil and he had also spoken to Tahir in Tamil over the telephone. Tahir said he was on his way and would be there in 10 to 15 minutes. He also said he was sporting long hair. B1 told him to be there quickly. He asked B2 to go to Woodlands quickly and pass the thing to Tahir himself. B2 told him to stay put as he would travel to Singapore, pass the thing to Tahir and then give him a ride home. He asked B1 to wait for him at Woodlands Centre. He waited for Tahir as he should be there before B2 who would take about half an hour to travel from across the causeway. Tahir said he would be there shortly. B1 walked to the bus stop near the mosque to sit down. After another 10 to 15 minutes, he got up and started walking back towards the fruit shop. He decided to go home. While waiting for the lights to change in order to cross the road, he kept turning back in the direction of the mosque. It was then that a silver-coloured car pulled up and a long-haired Tamil man in a white jacket alighted. That man asked whether he was Vignes. He said he was and asked him whether he was Tahir. That man then started walking back towards the car and B1 followed. He explained that he was caught in a traffic jam. He pointed to the Chinese driver in the car and said he arrived with him. B1 asked if that was his friend and Tahir confirmed it. B1 then told him that B2 was on his way. Tahir asked him where the thing from B2 was and he took the red plastic bag from his helmet and passed it to him. Instead, he was handcuffed. He was stunned. He felt giddy and did not know what was happening. When told it was an illegal substance, he became frightened and started trembling. He was close to tears. He told the officer about B2 and was asked to make a call to him. The officer dialled the number he provided and instructed him to say nothing beyond asking him to go to the meeting place at the fruit shop. B2 said he had just passed the Singapore Customs and was told by B1 to 'come quickly'. A few minutes later, B1 saw B2 standing near some parked motorcycles and identified him to the CNB officers. He returned after the statement had been recorded and read it. B1 said 'sambrani kallu' and not 'kallu' to ASP Krishnan who paused and then asked him to repeat what he had said. When the ASP read the statement back to B1 and said 'kallu', B1 corrected him and said, 'sambrani kallu, annai'. However, the ASP did not make any correction or offer him an opportunity to do so. His locker had no lock and was opened by his supervisor without the need to use any key. Nothing was found in both lockers. However, B2 told B1 not to implicate him and to say that B2 did not know about the thing and did not pass it to B1. B1 informed the Tamil interpreter about this but he did not do anything about it. The interpreter even told B1 to speak properly as he was being scolded by the investigating officer. The investigating officer also scolded B1 using Chinese vulgarities and raised his fist at him. However, B1 maintained his statements were voluntary and he was well treated by the investigating officer. He also asked rhetorically why he would bring stones to hand over in Singapore, reiterating his point that what he said was 'sambrani kallu', not 'kallu'. He also alleged that what he had told the investigating officer in paragraph 12 of the statement was that he was carrying a red plastic bag with a white one inside and not that he was carrying a white plastic bag with a red one therein. He saw the white plastic bag inside only at the Clementi Police Division when the red plastic bag was no longer tied at the top. He also explained that when one spoke of requesting money in Tamil, that meant that one was asking for a loan. However, his sister stated that their uncle had not returned home yet when B1 and his wife walked home from the temple. Initially, his wife testified that their uncle was home when they returned and then changed her evidence to say that he was not home. Jayacelan also testified for B1. He confirmed that B1 rode pillion on his motorcycle into Singapore in the early morning of 20 September He noted that B1 was carrying only one red plastic bag and that it probably contained food. His services were terminated in January after he made unauthorized telephone calls home from his place of work. He testified that he did lend his motorcycle to B1 on 20 September for him to return home. B1 asked him to go to Woodlands to get the ignition key from him. Vijayapuri then told his supervisor and left for Woodlands at lunchtime, which was His supervisor gave him an extra half hour to go to Woodlands and then return to the place of work. He did not have a spare ignition key with him. Further, his locker key was with the ignition key and his passport was in the locker. He needed his passport to return home that day. He walked about looking for B1. While standing near the parked motorcycles outside the Post Office Savings Bank branch, he saw B2 running from the traffic lights near the mosque towards the fruit shop. Two men were running after him. The other man slapped B2 on the back of his neck. B2 was then handcuffed. They grew up together in Perak and got along well. It was B1 who got him a job in Singapore and told him to go to Johor Baru three years ago. He said he was closer to B1 than B2 was. He met B1 at around 7 am. B1 was not carrying anything in his hands but was limping. Each of them had a locker. B1 asked to borrow his motorcycle sometime past 10 am that morning, telling him that his leg was hurting and that he was going home after collecting some medicine. He then passed a bunch of two keys to B1 — his motorcycle ignition key and his locker key. He would return home later that day by taking a lift from one of his colleagues. He was also concerned about his motorcycle which was abandoned along the expressway. He added that he did not tell B1 that his passport was in his locker. After witnessing the arrest of B2, he rode the motorcycle back to his place of work. He could not wait for B1 any longer as he had to return by 1. He managed to get his passport as his superior had a locker key with him. He went with some friends to retrieve his motorcycle that night. He could not confirm whether the bunch of four keys found on B1 when he was arrested belonged to him. That evening, he went with his family to visit B1 at his home. B1 requested his assistance in retrieving his motorcycle which was left behind in Singapore. B2 visited B1 before returning home. B2 told him that he had not paid road tax on his motorcycle and it could not therefore be ridden past the checkpoint at the Causeway. He told B1 he would try to borrow a motorcycle from one of his friends. However, B2 did not succeed in borrowing one for B1. B2 then went out with his brother, Ponnusamy, and Ragu to some government agencies to make enquiries about quail farming and the duck egg business that he and Ragu had planned some months earlier to engage in. Ragu and his family then left. B2 and his family attended the birthday celebrations on 2 September but did not bring a gift then as he was short of money. He decided to make it up to Ganesan on 19 September by bringing him the belated birthday gift. After B2 had handed Ganesan the gift, the boy asked him for a treat. B2 agreed but felt it would be a more joyous occasion if he could get more members of the family to assemble there. He also told Ragu to inform another of his sisters, Jayanti, to join them with her family. B2 then left alone to buy food and drinks. While he was doing so, B1 called to ask about the motorcycle that B2 had said he would try to borrow for him. He told B1 he had still not managed to get one but would call him again later. Ragu had bought some chicken from Kentucky Fried Chicken. They began eating. At about 9. At 11 pm or so, they cleaned up and then left. Back home, B2 watched television for a while and then went to sleep until the next morning. B1 said he had been given medical leave that day and asked B2 to do him a favour by travelling to Singapore to pick him up and then return to Johor Baru together. B2 told B1 that he B2 might have to do a delivery at around noon and asked B1 to contact him again after noon. The call did not come. B1 also mentioned a tyre puncture. B2 told B1 he would go and borrow a motorcycle from a friend and travel to Woodlands to meet him. B2 informed him that he would be there in about five minutes. He then parked his motorcycle and was checking his mobile telephone to see if there was any signal so that he could call B1 when two CNB officers apprehended him. They asked him what he was doing there and he told them he was waiting for a friend. He kept asking the officers the reason for arresting him. He was subsequently brought to the Clementi Police Division. It was his 7 years old birthday'. He was paid RM8, in cash but RM went to the finance company and RM2, to 3, were expended for the inspection of the lorry. A postdated cheque for RM17, was also given to him and that could only be cashed at the end of September Their accounts about the events of the morning and the evening of 19 September were by and large consistent with that of B2. He recalled an incident in when his then pregnant wife, his mother and his brother met with an accident near Seremban while they were travelling from Perak to Johor and were hospitalized. This event was not disputed by B1 in evidence. Their evidence was that they were not requested by Vijayapuri to open his locker with a spare key on 20 September Indeed, when the CNB officers arrived that afternoon to search the lockers, his locker was not locked. They also said that there would have been no problem if Vijayapuri were to ask for a spare key to open his locker. One of the supervisors testified that Vijayapuri was dismissed after he was found absent from work and not because of any misuse of the office telephone as alleged by him. He submitted that a statement of an accused person could be used as evidence against his co-accused under section 30 Evidence Act only if it amounted to a confession against the maker. The case against B2 rested solely on the statements of B1. The presumptions in the Misuse of Drugs Act did not apply to B2. The offence of drug trafficking required both actus re us and mens rea and it was clear that B1 had admitted only the actus reus of passing the packet to SGT Rajkumar whom he thought was Tahir while denying the mens rea of knowledge of its true contents. The statements did not need to be of a plenary or unqualified nature. The essence of a conspiracy is agreement. They also showed that B2 then travelled to Singapore to meet B1 and to receive the money from him. However, offences falling under the Misuse of Drugs Act are different from other offences in that there are presumptions in the Act which assert a certain state of facts or of knowledge until it is proved to the contrary by the defence. Therefore, since B1 had admitted he was in possession of the plastic bag containing the drugs, he was presumed to be in possession of the drugs and to have known the nature of the drugs despite his protestations to the contrary in the same statements. It was something that could be easily purchased with a small amount of money. It was extremely odd that B2 should ask him to pass something of no great value or apparent consequence to someone B1 had not even met before on his first day back at work after the accident, especially when B1 did not have his own means of transport. Why was there a need for him to return a few hours later in the early hours of 20 September just to pass such a packet to him? What was the urgency that caused B2 to wait for the rain to stop and to travel to his house in the middle of the night? The evidence showed clearly that something surreptitious was happening and if B1 appeared so uninquisitive, it could only mean that he was aware of what was in the packet that he was to bring into Singapore. It could not be that ASP Krishnan, SGT Rajkumar, the investigating officer and the Tamil interpreter all misunderstood him throughout or simply refused to qualify 'kallu' with 'sambrani'. In any event, the Tamil interpreter stated that these two words were not used together in the Tamil language. I had no doubt that all the statements taken from B1 had been recorded accurately. In his statements, it was clear that he meant the money was to be taken in exchange for the packet. If it was a loan, why would B2 be asking him to take a relatively large amount of money from a total stranger in a foreign country? After all, B2 was no stranger to Singapore, having worked and travelled here before. His testimony was contradicted by the CNB officers. More fundamentally, it was contradicted by his own statement which, as indicated earlier, I accepted as having been recorded accurately. Even if he had been given medical leave for that day, it was obvious that he was quite capable of moving about without difficulty. He could certainly ride a motorcycle. If he was in any pain, it was clear that his quest to deliver the packet that afternoon overshadowed any pain or discomfort, despite his testimony about his frustration at the delay. Again, this could only mean that he knew exactly what was in the packet and hence the importance of handing it over to the intended recipient. This could only point to the fact that it had been pre-arranged that B2 would meet up with B1 after the transaction and take the money from him. It also proved that B1 knew that he was not handing over some sort of incense, the quality of which he knew nothing about and which he did not say B2 mentioned anyway. B1 is therefore guilty of the offence of trafficking as charged. This was despite B2 having helped B1 only a few days earlier to retrieve his damaged motorcycle from Singapore and the fact that he had agreed to travel to Singapore on 20 September at short notice on a borrowed vehicle just to fetch B1 across the Causeway. The reaction on the part of B1 did not appear to be contrived at all. Of course he had to deny any knowledge of the drugs in order to exonerate himself from the capital offence. He obviously did not want to implicate B1 at that stage but could not mention any other name in case the CNB officers decided to wait with him for that friend. I need only add here that I rejected the evidence of Vijayapuri that B2 was being chased by two men as his evidence contradicted even that of the arresting officers. Similarly, his evidence about his locker and the reason for his dismissal was refuted by two impartial witnesses from Exel Singapore. His testimony in court contradicted this. Further, what was said in the statement clearly meant that birthday celebrations were held on 19 September as opposed to a mere impromptu treat held after earlier celebrations. The inconsistencies showed that it was highly unlikely that there were celebrations of any sort on 19 September Further, it was a weekday and it was equally unlikely that a few families would be mustered at such short notice at the mere request of a seven year old boy for a treat from his uncle, especially when he already had his birthday celebrations so recently. I am aware that all the respective family members would have the incentive to lie for B1 or for B2 in the hope of exonerating one of them. Indeed, as I have stated earlier, I rejected his denial and found that he was fully aware that he was dealing in drugs. Illustration b to section Evidence Act provides that the court may presume that an accomplice is unworthy of credit and that his evidence should be treated with caution. In the circumstances of this case, I believed B1 only to the extent stated. It is axiomatic that conspiracy in most cases can only be proved by inference from the conduct of the parties involved. It was argued that no agreement to supply drugs could have been reached between B1 and B2 on 19 September as SGT Rajkumar had stated that the deal was made only on 20 September However, this submission overlooked the fact that the CNB officer was dealing through an agent who had been told by him to arrange the deal. The amount of drugs and the price must have been agreed earlier but it was only in the morning of 20 September that the supplier called to dictate the venue for the transaction. It can be seen how these events fit the evidence of B1 about him calling 'Tahir' in the morning and then discarding the piece of paper containing the telephone number. Since B1 used the office telephone to call 'Tahir', one wonders how he could remember the number when he decided to call 'Tahir' again in Woodlands some time later. It was submitted that a comparison of the handwriting in these two documents raised doubts as to whether exhibit P40 was really written by the CNB officer. Again it was said that a comparison of the handwriting in these two documents showed a high probability that exhibit P40 may have been in the handwriting of the investigating officer and that it could have been cooked up by the SGT and the investigating officer as it was put in evidence only when the SGT went into the witness stand at the trial. Even a cursory perusal of the handwriting in the said documents did not bear out what he had submitted. I had no doubt that the documents, in particular exhibit P40, which incidentally was most damaging to B1, were genuine documents prepared by the officers in the way they had described in evidence. As the charges carried the mandatory death penalty, I passed the death sentence on both of them. Judicial Commissioner. Take the money and follow me. After stopping in front of the mosque, after the gate of the mosque The stuff is with me. You know how much is it right. Handed over the white plastic bag from his Maroon helmet Is the money correct. Yes Handed over the money to him. You are sure to come back to deal with me again'.

Seremban buying Heroin