Public Prosecutor v Norasharee bin Gous: Misuse of Drugs Act & Alibi Defence

In the High Court of Singapore, Norasharee bin Gous was originally convicted under the Misuse of Drugs Act for abetting drug trafficking. After an appeal, the case was remitted to the High Court to consider new alibi evidence. Choo Han Teck J reviewed the evidence, found the alibi defence unconvincing, and upheld the original conviction. The court also addressed arguments regarding investigative failures and the testimony of a co-accused, ultimately reaffirming its initial findings.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Original conviction upheld; alibi defence rejected.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Norasharee bin Gous was convicted of drug trafficking. The Court reviews new alibi evidence and investigative procedures, ultimately upholding the original conviction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConviction UpheldWon
Daphne Lim of Attorney-General’s Chambers
Yang Ziliang of Attorney-General’s Chambers
Norasharee Bin GousDefendantIndividualConviction UpheldLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Daphne LimAttorney-General’s Chambers
Yang ZiliangAttorney-General’s Chambers
Ravi s/o MadasamyCarson Law Chambers

4. Facts

  1. Norasharee was charged with abetting Yazid to traffic in not less than 120.90g of diamorphine.
  2. Norasharee claimed he did not meet Yazid at VivoCity on 23 October 2013.
  3. Lolok claimed he was with Norasharee at VivoCity on 23 October 2013.
  4. Lolok claimed he recorded an argument with Norasharee in a logbook.
  5. The logbook was not produced in court.
  6. The owner of the vessel testified that no logbook was kept.
  7. Lolok gave inconsistent evidence regarding the logbook's contents.

5. Formal Citations

  1. Public Prosecutor v Norasharee bin Gous, Criminal Case No 19 of 2016, [2020] SGHC 189

6. Timeline

DateEvent
Alleged meeting between Norasharee and Yazid at VivoCity.
Norasharee found guilty of drug trafficking.
Norasharee filed Criminal Motion No 16 of 2018.
Court of Appeal remitted the matter to High Court for further evidence.
Stay of remittal order lifted.
Statutory declaration by Captain Haji submitted.
Judgment reserved.

7. Legal Issues

  1. Alibi Defence
    • Outcome: The court found the alibi defence to be an afterthought and rejected it.
    • Category: Substantive
    • Sub-Issues:
      • Credibility of alibi witness
      • Consistency of evidence
      • Late appearance of alibi evidence
  2. Investigative Procedures
    • Outcome: The court found that the manner in which the investigations were conducted did not prejudice Norasharee or result in a miscarriage of justice.
    • Category: Procedural
    • Sub-Issues:
      • Failure to record statement
      • Failure to conduct comprehensive investigation
      • Failure to seize documents
    • Related Cases:
      • [2011] 3 SLR 1025
  3. Reliability of Co-Accused Testimony
    • Outcome: The court found no basis to re-examine the veracity and weight of Yazid’s testimony.
    • Category: Substantive
    • Related Cases:
      • [2017] 1 SLR 820

8. Remedies Sought

  1. Setting aside conviction

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Litigation

11. Industries

  • Maritime

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Muhammad bin Kadar and another v Public Prosecutor and another matterHigh CourtYes[2011] 3 SLR 1025SingaporeCited regarding the Attorney-General’s Chambers’ obligations to direct the CNB to furnish knowledge of statements not taken.
Norasharee bin Gous v Public Prosecutor and another appeal and another matterCourt of AppealYes[2017] 1 SLR 820SingaporeCited for the Court of Appeal's analysis of Yazid's testimony.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 5(1)(a) read with s 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 33B of the Misuse of Drugs ActSingapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 278 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 22 of the Criminal Procedure CodeSingapore
s 17 of the Criminal Procedure CodeSingapore
The Merchant Shipping Act (Cap 179, 1996 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Alibi
  • Miscarriage of Justice
  • Vessel Logbook
  • VivoCity
  • Tan Line Argument

15.2 Keywords

  • Drug Trafficking
  • Alibi Defence
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law75
Evidence60
Sentencing50
Civil Procedure20

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Evidence