PP v Muhammed Izwan & Ahmad Suhaimi: Drug Trafficking Conviction Affirmed After Remittal
In Public Prosecutor v Muhammed Izwan bin Borhan and Ahmad Suhaimi bin Ismail, the High Court of Singapore, with Chua Lee Ming J presiding, re-affirmed its original conviction of Muhammed Izwan bin Borhan for trafficking diamorphine and methamphetamine, and Ahmad Suhaimi bin Ismail for abetting those offenses. The decision came after the Court of Appeal remitted the case to take additional evidence. The court found that the additional evidence presented by the defense did not raise a reasonable doubt regarding the original verdict.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Previous verdict re-affirmed; additional evidence has no effect on the previous verdict.
1.3 Case Type
Criminal
1.4 Judgment Type
Findings on remittal
1.5 Jurisdiction
Singapore
1.6 Description
Conviction for drug trafficking affirmed after remittal for additional evidence. The court found the new evidence insufficient to raise reasonable doubt.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction Affirmed | Won | Kumaresan Gohulabalan, Stephanie Koh |
| Muhammed Izwan bin Borhan | Defendant | Individual | Conviction Re-affirmed | Lost | Cheong Jun Ming Mervyn, Lim Yi Zheng, Chooi Jing Yen |
| Ahmad Suhaimi bin Ismail | Defendant | Individual | Conviction Re-affirmed | Lost | Vergis S Abraham SC, Loo Yinglin Bestlyn, Suang Wijaya, Jordan Kow |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kumaresan Gohulabalan | Attorney-General’s Chambers |
| Stephanie Koh | Attorney-General’s Chambers |
| Cheong Jun Ming Mervyn | Advocatus Law LLP |
| Lim Yi Zheng | Advocatus Law LLP |
| Chooi Jing Yen | Chooi Jing Yen LLC |
| Vergis S Abraham SC | Providence Law Asia LLC |
| Loo Yinglin Bestlyn | Providence Law Asia LLC |
| Suang Wijaya | Eugene Thuraisingam LLP |
| Jordan Kow | Eugene Thuraisingam LLP |
4. Facts
- Izwan was convicted of trafficking diamorphine and methamphetamine.
- Suhaimi was convicted of abetting Izwan's trafficking offences.
- The Court of Appeal remitted the case for additional evidence to be taken.
- The additional evidence involved testimony from Sumardi, Eddie, Wang, and Suhaimi.
- The court found the additional evidence to be weak and unpersuasive.
- Contemporaneous WhatsApp messages showed Arun expecting payment for five packets of heroin.
- The court re-affirmed its original conviction.
5. Formal Citations
- Public Prosecutor v Muhammed Izwan bin Borhan and another, Criminal Case No 32 of 2019, [2025] SGHC 15
6. Timeline
| Date | Event |
|---|---|
| Izwan collected five packets of heroin and one packet of methamphetamine. | |
| Izwan convicted for trafficking diamorphine and methamphetamine; Suhaimi convicted for abetting the trafficking offences. | |
| Izwan and Suhaimi sentenced to death. | |
| Suhaimi filed an application for additional evidence to be taken. | |
| Court of Appeal directed that additional evidence be taken. | |
| Additional evidence taken. | |
| Additional evidence taken. | |
| Parties' submissions heard. | |
| Judgment reserved. |
7. Legal Issues
- Whether additional evidence raised reasonable doubt regarding the drug trafficking conviction
- Outcome: The court held that the additional evidence did not raise a reasonable doubt and re-affirmed the original conviction.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Drug Trafficking
- Abetting Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Muhammed Izwan bin Borhan and another | High Court | Yes | [2022] SGHC 40 | Singapore | Sets out the reasons for the original conviction and sentence, which the current judgment reaffirms. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code 2010 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Methamphetamine
- Drug trafficking
- Abetment
- Remittal
- Reasonable doubt
- Additional evidence
15.2 Keywords
- Drug trafficking
- Singapore
- Criminal law
- Conviction
- Appeal
- Remittal
16. Subjects
- Criminal Law
- Drug Trafficking
- Criminal Procedure
17. Areas of Law
- Criminal Procedure
- Sentencing
- Drug Trafficking