Roshdi bin Abdullah Altway v Public Prosecutor: Drug Trafficking, Material Witness Disclosure, and Bailment of Drugs
Roshdi bin Abdullah Altway appealed against his conviction for drug trafficking. The Court of Appeal of the Republic of Singapore, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JCA, Judith Prakash JCA, Steven Chong JCA, and Chao Hick Tin SJ, dismissed the appeal, upholding the High Court's decision. The court addressed issues regarding the admissibility of statements, the 'safekeeping' defense, the prosecution's disclosure obligations concerning 'material witnesses,' and the interpretation of 'bailment' in drug-related offenses under the Misuse of Drugs Act.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against drug trafficking conviction. Court clarifies 'material witness' disclosure obligations and 'bailment' defense under Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Jiang Ke-Yue of Attorney-General’s Chambers Jaime Pang of Attorney-General’s Chambers Keith Jieren Thirumaran of Attorney-General’s Chambers Francis Ng Yong Kiat of Attorney-General’s Chambers Senthilkumaran s/o Sabapathy of Attorney-General’s Chambers Hri Kumar Nair of Attorney-General’s Chambers |
| Roshdi bin Abdullah Altway | Appellant, Applicant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Judith Prakash | Justice of the Court of Appeal | No |
| Steven Chong | Justice of the Court of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jiang Ke-Yue | Attorney-General’s Chambers |
| Jaime Pang | Attorney-General’s Chambers |
| Keith Jieren Thirumaran | Attorney-General’s Chambers |
| Francis Ng Yong Kiat | Attorney-General’s Chambers |
| Senthilkumaran s/o Sabapathy | Attorney-General’s Chambers |
| Hri Kumar Nair | Attorney-General’s Chambers |
| Andre Darius Jumabhoy | Peter Low & Choo LLC |
| Low Ying Ning Elaine | Peter Low & Choo LLC |
| Priscilla Chia Wen Qi | Peter Low & Choo LLC |
4. Facts
- Roshdi was arrested at the void deck of Block 209B Compassvale Lane.
- A search of Roshdi's bedroom in the Compassvale Unit revealed 267 packets and 250 straws containing 2,201.22g of granular/powdery substance containing not less than 78.77g of diamorphine.
- Drug paraphernalia such as spoons, pieces of paper, empty packets, empty straws and digital weighing scales were recovered from Roshdi’s bedroom.
- Roshdi admitted to having possession of the Drugs and knowledge of their nature.
- Roshdi claimed he was safekeeping the Drugs for a person known as 'Aru' (Chandran).
- Roshdi gave multiple statements to the police admitting to receiving, storing, repacking, and distributing drugs.
- Chandran was arrested and gave statements to the CNB.
5. Formal Citations
- Roshdi bin Abdullah Altway v Public Prosecutor, Criminal Appeal No 29 of 2020, [2021] SGCA 103
6. Timeline
| Date | Event |
|---|---|
| Roshdi arrested at void deck of Block 209B Compassvale Lane. | |
| Search of Compassvale Unit reveals drugs and drug paraphernalia. | |
| First contemporaneous statement recorded from Roshdi. | |
| Cautioned statement recorded from Roshdi. | |
| First long statement recorded from Roshdi. | |
| Fifth long statement recorded from Roshdi. | |
| Chandran arrested in Singapore. | |
| Chandran's statements recorded. | |
| Chandran granted discharge not amounting to acquittal and repatriated. | |
| Trial began. | |
| Prosecution disclosed Chandran’s police statements to the Defence. | |
| Ancillary hearing held. | |
| Ancillary hearing concluded; Contested Statements ruled admissible. | |
| Defence opened its case with Roshdi testifying. | |
| Trial concluded. | |
| Judge convicted Roshdi of the Charge. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Admissibility of Statements
- Outcome: The court held that the Contested Statements were admissible in evidence.
- Category: Procedural
- Related Cases:
- [2021] 1 SLR 557
- [1998] 3 SLR(R) 619
- Breach of Prosecution's Disclosure Obligations
- Outcome: The court held that the Prosecution was not in breach of its additional disclosure obligations.
- Category: Procedural
- Related Cases:
- [2020] 1 SLR 984
- [2011] 3 SLR 1205
- Possession of Drugs for the Purpose of Trafficking
- Outcome: The court held that the element of possession for the purpose of trafficking was made out.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 1003
- Safekeeping Defence
- Outcome: The court rejected Roshdi's safekeeping defence.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 1003
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad bin Kadar and another v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 1205 | Singapore | Cited for the principle that the Prosecution owes disclosure obligations to the Defence in respect of certain unused materials. |
| Muhammad Nabill bin Mohd Fuad v Public Prosecutor | Court of Appeal | Yes | [2020] 1 SLR 984 | Singapore | Cited for the principle that the Prosecution must disclose statements furnished by a 'material witness'. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the principle concerning 'bailment' of drugs and the legislative policy underlying the Misuse of Drugs Act. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Unknown | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of a charge under s 5(1)(a) read with s 5(2) of the MDA. |
| Sulaiman bin Jumari v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 557 | Singapore | Cited for the legal principles governing the admissibility of an accused person’s statements. |
| Chai Chien Wei Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the test of voluntariness under s 258(3) of the CPC. |
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 449 | Singapore | Cited regarding the alternative sentencing regime under s 33B of the MDA. |
| Public Prosecutor v GCK and another matter | Court of Appeal | Yes | [2020] 1 SLR 486 | Singapore | Cited for the law relating to the burden of proof and the evidential burden in criminal cases. |
| Britestone Pte Ltd v Smith & Associates Far East, Ltd | Unknown | Yes | [2007] 4 SLR(R) 855 | Singapore | Cited for the explanation of the evidential burden. |
| Public Prosecutor v BPK | High Court | Yes | [2018] SGHC 34 | Singapore | Cited for the explanation of the evidential burden. |
| Moad Fadzir bin Mustaffa v Public Prosecutor | Court of Appeal | Yes | [2020] 2 SLR 1364 | Singapore | Cited for the statement that the court's pronouncements in Nabill concerning the evidential burden did not result in any change in the law. |
| Gobi a/l Avedian v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 180 | Singapore | Cited for the principle that a hopeless defence raises nothing to rebut. |
| Public Prosecutor v Wee Teong Boo and other appeal and another matter | Court of Appeal | Yes | [2020] 2 SLR 533 | Singapore | Cited for the Prosecution’s Kadar obligations. |
| Public Prosecutor v Li Weiming and others | Court of Appeal | Yes | [2014] 2 SLR 393 | Singapore | Cited for the principle that CCD disclosures are made on a quid pro quo basis. |
| Ilechukwu Uchechukwu Chukwudi v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 67 | Singapore | Cited for the principle that if an exculpatory fact is withheld, the court may justifiably infer that that fact is an afterthought and untrue. |
| Imran bin Mohd Arip v Public Prosecutor and another appeal | Court of Appeal | Yes | [2021] SGCA 91 | Singapore | Cited for the reminder to all counsel of their professional duties under r 29 of the Legal Profession (Professional Conduct) Rules 2015. |
13. Applicable Rules
| Rule Name |
|---|
| Legal Profession (Professional Conduct) Rules 2015 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 2 of the Misuse of Drugs Act | Singapore |
| s 17(c) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| s 8(a) of the Misuse of Drugs Act | Singapore |
| s 12 of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| s 147(1) of the Criminal Procedure Code | Singapore |
| s 258(1) of the Criminal Procedure Code | Singapore |
| s 258(3) of the Criminal Procedure Code | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| ss 103 and 105 of the Evidence Act | Singapore |
| s 107 of the Evidence Act | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Material Witness
- Disclosure Obligations
- Safekeeping Defence
- Bailment
- Contested Statements
- Evidential Burden
- Legal Burden
15.2 Keywords
- Drug Trafficking
- Material Witness
- Disclosure
- Safekeeping
- Bailment
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure and Sentencing | 90 |
| Evidence | 70 |
| Evidence Law | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Criminal Procedure
- Evidence
- Disclosure Obligations