Public Prosecutor v Moad Fadzir: Trafficking of Diamorphine and Common Intention
In the High Court of Singapore, Moad Fadzir bin Mustaffa and Zuraimy bin Musa were tried before Choo Han Teck J on charges related to drug trafficking. Moad was charged with possessing diamorphine for the purpose of trafficking, while Zuraimy was charged with acting in furtherance of a common intention to traffic the drugs. The court found Moad guilty as charged and sentenced him to death. The court amended Zuraimy's charge to abetment and found him guilty on the amended charge. The sentencing of Zuraimy was adjourned.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Moad Fadzir found guilty as charged and sentenced to death. Zuraimy Musa found guilty on amended charge of abetment.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Moad Fadzir and Zuraimy Musa were charged with drug trafficking. Moad was found guilty, while Zuraimy's charge was amended to abetment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty verdict for Moad Fadzir | Won | Prakash Otharam of Attorney-General’s Chambers Muhamad Imaduddien bin Abd Karim of Attorney-General’s Chambers |
| Moad Fadzir bin Mustaffa | Defendant | Individual | Guilty as charged | Lost | |
| Zuraimy bin Musa | Defendant | Individual | Guilty on amended charge | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Prakash Otharam | Attorney-General’s Chambers |
| Muhamad Imaduddien bin Abd Karim | Attorney-General’s Chambers |
| Lim Hui Li Debby | Shook Lin & Bok LLP |
| Peter Keith Fernando | M/s Leo Fernando |
| Chooi Jing Yen | Eugene Thuraisingam LLP |
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
4. Facts
- Moad and Zuraimy were friends.
- Moad drove a rented car to Holland Close to pick up Zuraimy.
- They drove to Toa Payoh where Moad received a white plastic bag.
- Moad passed a bundle of $50 notes to an Indian man.
- The white plastic bag contained 36.93g of diamorphine.
- Zuraimy tied the plastic bag before placing it into Moad’s sling bag.
- Moad was arrested with the drugs in his possession.
- Zuraimy liaised with one “Benathan” through a series of calls and messages which ended with the Indian man throwing the Drugs onto Moad’s lap.
5. Formal Citations
- Public Prosecutor v Moad Fadzir bin Mustaffa and another, Criminal Case No 67 of 2018, [2019] SGHC 33
6. Timeline
| Date | Event |
|---|---|
| Moad attended class at Singapore Polytechnic until 10.00pm. | |
| Moad picked up Zuraimy and drove to Toa Payoh. | |
| Moad received a white plastic bag containing diamorphine. | |
| Moad handed the plastic bag to Zuraimy who tied it. | |
| Moad dropped Zuraimy along Commonwealth Avenue West. | |
| Moad drove back to his flat at Woodlands Drive 52. | |
| Zuraimy was arrested by CNB officers. | |
| Moad was arrested by CNB officers. | |
| Trial began. | |
| Trial continued. | |
| Judgment reserved. | |
| Judgment issued. | |
| Sentencing of Zuraimy adjourned to this date. |
7. Legal Issues
- Trafficking of Controlled Drugs
- Outcome: Moad was found guilty of trafficking diamorphine. Zuraimy was initially charged with the same offence but was later charged with abetment.
- Category: Substantive
- Common Intention
- Outcome: The court found that the prosecution did not prove beyond a reasonable doubt that Zuraimy had the common intention with Moad to possess the diamorphine for the purposes of trafficking.
- Category: Substantive
- Related Cases:
- [2010] 4 SLR 1119
- Abetment
- Outcome: The court amended Zuraimy's charge to abetment and found him guilty on the amended charge.
- Category: Substantive
- Possession of Drugs
- Outcome: The court found that Moad was in possession of the drugs. The court found that Zuraimy was not in joint possession of the drugs.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
- Abetment
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohd Halmi bin Hamid and Anor v Public Prosecutor | Court of Appeal | Yes | [2006] 1 SLR 548 | Singapore | Cited to distinguish between relying on the presumption in s 17 of the MDA and the presumption of possession under s 18(4) of the MDA against Zuraimy. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited by the Prosecution to argue that Zuraimy was in joint possession of the Drugs because he had been instrumental in putting Moad in physical possession of the Drugs, but the court distinguished it. |
| Daniel Vijay s/o Katherasan and others v Public Prosecutor | High Court | Yes | [2010] 4 SLR 1119 | Singapore | Cited for the elements required to prove a common intention to possess drugs for the purposes of trafficking. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act | Singapore |
| Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Common Intention
- Abetment
- Possession
- Controlled Drug
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
- Abetment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Misuse of Drugs Act | 95 |
| Criminal Procedure | 60 |
| Penal Code | 50 |
| Collections | 5 |
16. Subjects
- Criminal Law
- Drug Offences