PP v Mohamad Isham: Trafficking Diamorphine, Chain of Custody Dispute

In Public Prosecutor v Mohamad Isham Bin Ibrahim and Thamotharan Nayar A/L Gopalan, the General Division of the High Court of Singapore, presided over by Justice Dedar Singh Gill, convicted Mohamad Isham of trafficking diamorphine. Isham was charged under section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act for possessing not less than 52.88 grams of diamorphine for the purpose of trafficking. Isham admitted to possessing the drugs and knowing their nature but challenged the integrity of the chain of custody. The court found the prosecution had proven an unbroken chain of custody and convicted Isham.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Isham is convicted of the Charge.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Mohamad Isham was convicted of trafficking diamorphine. The key issue was whether the prosecution established an unbroken chain of custody.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for the ProsecutionWon
Teo Siu Ming of Attorney-General’s Chambers
Theong Li Han of Attorney-General’s Chambers
Mark Jayaratnam of Attorney-General’s Chambers
Mohamad Isham Bin IbrahimDefendantIndividualConvictedLost
Thamotharan Nayar A/L GopalanOtherIndividualDischarge Not Amounting to AcquittalNeutral

3. Judges

Judge NameTitleDelivered Judgment
Dedar Singh GillJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Teo Siu MingAttorney-General’s Chambers
Theong Li HanAttorney-General’s Chambers
Mark JayaratnamAttorney-General’s Chambers
Wong Li-Yen DewDew Chambers
Satwant Singh s/o Sarban SinghSatwant & Associates

4. Facts

  1. Isham was arrested on 2016-10-26 after parking a car in Cairnhill Carpark.
  2. A blue bag containing not less than 52.88g of diamorphine was seized from the car boot.
  3. Isham claimed he was delivering the drugs for a person known as 'Boy'.
  4. Isham initially stated he picked up the drugs from under his car, later claiming Thamotharan gave them to him.
  5. Isham admitted to knowing the packages contained heroin.
  6. Thamotharan was arrested but later granted a discharge not amounting to an acquittal.

5. Formal Citations

  1. Public Prosecutor v Mohamad Isham bin Ibrahim and another, Criminal Case No 46 of 2018, [2021] SGHC 186

6. Timeline

DateEvent
Isham arrested by CNB officers.
Seizure of blue bag containing diamorphine from Isham's car.
Thamotharan arrested at Tuas checkpoint.
HSA issues certificates stating results of analysis of exhibits.
Thamotharan granted a discharge not amounting to an acquittal.
Trial began.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Chain of Custody
    • Outcome: The court found that the prosecution had established an unbroken chain of custody.
    • Category: Substantive
    • Related Cases:
      • [2019] 1 SLR 440
  2. Trafficking of Controlled Drugs
    • Outcome: The court found that all elements of the charge were proven beyond a reasonable doubt.
    • Category: Substantive
    • Related Cases:
      • [2014] 3 SLR 721
  3. Admissibility of Evidence
    • Outcome: The court ruled that the Field Diary copy was inadmissible as secondary evidence.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Sentencing under the Misuse of Drugs Act

9. Cause of Actions

  • Trafficking in a Controlled Drug

10. Practice Areas

  • Criminal Litigation
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Muhammad Ridzuan bin Md Ali v Public Prosecutor and other mattersCourt of AppealYes[2014] 3 SLR 721SingaporeCited for the three elements of an offence under s 5(1)(a) read with s 5(2) of the MDA.
Mohamed Affandi bin Rosli v Public Prosecutor and another appealCourt of AppealYes[2019] 1 SLR 440SingaporeCited for the burden of establishing an unbroken chain of custody and accounting for the movement of the drug exhibits at every point from seizure to analysis.
Ernest Ferdinand Perez De La Sala v Compañia De Navegación Palomar, SA and others and other appealsCourt of AppealYes[2018] 1 SLR 894SingaporeCited for the principle that in witness preparation, the witness’s evidence must remain his own.
Public Prosecutor v Parthiban KanapathyHigh CourtYes[2019] SGHC 226SingaporeCited regarding differences in the accuracy in the weighing instruments used by the CNB and the HSA.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 2Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33BSingapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23Singapore
Evidence Act (Cap 97, 1997 Rev Ed) s 66Singapore
Evidence Act (Cap 97, 1997 Rev Ed) s 67(1)(c)Singapore
Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) Article 35(8)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Chain of Custody
  • Misuse of Drugs Act
  • CNB
  • HSA
  • Field Diary
  • Exhibit Management Room
  • Controlled Drug
  • Courier

15.2 Keywords

  • Diamorphine
  • Drug Trafficking
  • Chain of Custody
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law90
Statutory offences90
Criminal Procedure60
Evidence50

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Evidence