Public Prosecutor v Jafar Shatig: Trafficking Diamorphine under Misuse of Drugs Act
In [2015] SGHC 189, the High Court of Singapore convicted Jafar Shatig bin Abdul Karim of trafficking 56.17g of diamorphine under the Misuse of Drugs Act. The court, presided over by Choo Han Teck J, found that Shatig had hidden drugs on a bus and was aware of their nature. Despite Shatig's defense of ignorance, the court applied the presumption of knowledge under s 18(2) of the MDA, which Shatig failed to rebut. Considering Shatig's assistance to the CNB, the court sentenced him to life imprisonment and 16 strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty as charged and sentenced to life imprisonment and 16 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Jafar Shatig was convicted of trafficking 56.17g of diamorphine under the Misuse of Drugs Act and sentenced to life imprisonment and 16 strokes of the cane.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Eugene Lee Yee Leng of Attorney-General’s Chambers Sanjna Rai of Attorney-General’s Chambers |
| Jafar Shatig bin Abdul Karim | Defense | Individual | Guilty as charged | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Lee Yee Leng | Attorney-General’s Chambers |
| Sanjna Rai | Attorney-General’s Chambers |
| Sim Jin Simm Alina | Axis Law Corporation |
| Skandarajah s/o Selvarajah | S Skandarajah & Co |
| Johan bin Ismail | Johan Ismail & Company |
4. Facts
- Parameswaran picked up three passengers, including the accused, at Sri Pulai in Johor, Malaysia.
- Tanaletchumi saw the accused place a black shoulder bag on one of the seats and press down on seat A.
- Parameswaran found three black bundles inside seat A after the accused alighted.
- The accused telephoned Parameswaran after leaving the Woodlands Checkpoint.
- SSgt Fadzil and Staff Sergeant Muhammad Arifin discovered more black bundles in seat B.
- The accused’s urine sample contained morphine and methamphetamine.
- The black packets contained 56.17g of diamorphine.
- The accused admitted in his first statement that he put the ten bundles into seats A and B for RM10,000.
- Sponge material from the seats was found in the accused's Adidas sling bag.
5. Formal Citations
- Public Prosecutor v Jafar Shatig bin Abdul Karim, Criminal Case No 24 of 2014, [2015] SGHC 189
6. Timeline
| Date | Event |
|---|---|
| Accused picked up passengers at Sri Pulai in Johor, Malaysia. | |
| Accused placed a black shoulder bag on one of the seats. | |
| Accused and Letchumy alighted at Singapore Customs. | |
| Parameswaran found three black bundles inside the seat. | |
| Accused telephoned Parameswaran. | |
| Accused was arrested at the bus stop opposite the Sheng Siong Supermarket. | |
| Accused's urine sample was taken. | |
| First statement recorded. | |
| Second statement recorded. | |
| Third statement recorded. | |
| Fourth statement recorded. | |
| Fifth statement recorded. | |
| Sixth statement recorded. | |
| Criminal Case No 24 of 2014 filed. | |
| Trial began. | |
| Trial concluded. | |
| Judgment issued. |
7. Legal Issues
- Trafficking of Diamorphine
- Outcome: The court found the accused guilty of trafficking diamorphine.
- Category: Substantive
- Admissibility of Statements
- Outcome: The court admitted the six statements made by the accused.
- Category: Procedural
- Presumption of Knowledge
- Outcome: The court found that the presumption against the accused under s 18(2) of the MDA had not been rebutted.
- Category: Substantive
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Trafficking of drugs
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33(1) of the MDA | Singapore |
| s 18(2) of the MDA | Singapore |
| s 33B(1)(a) of the MDA | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Trafficking
- Courier
- Presumption of Knowledge
- Statements
- CNB
- Woodlands Checkpoint
15.2 Keywords
- Drugs
- Trafficking
- Singapore
- Criminal Law
- MDA
- Diamorphine
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Drug Trafficking | 85 |
| Sentencing | 70 |
| Criminal Procedure | 60 |
| Evidence Law | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking