1ST CHARGE on 12 October 2011, at about 11:50 am, inside a car (registration number SGW 5275 L), at Jurong West Street 52, Singapore, did traffic in a controlled drug specified in Class '”A” of the First Schedule to the Misuse of Drugs Act, Cap 185 (“MDA”), to wit, by having in your possession for the purposes of trafficking, fifteen (15) packets and six (6) bundles containing not less than 61.75 grams of diamorphine, without any authorisation under the said Act or the regulations made thereunder, an offence under s 5(l)(a) read with s 5(2), MDA and punishable under s 33(1), MDA, and further upon your conviction, you may alternatively be liable to be punished under s 33B, MDA.

267.—(1) Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.

(2) An admission under this section —

(a) may be made before or at the proceedings;

(b) if made otherwise than in court, must be in writing;

(c) if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be;

(d) if made on behalf of an accused who is an individual, must be made by his advocate; and

(e) if made before the trial by an accused who is an individual, must be approved by his advocate before or at the proceedings in question.

(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial.

(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.

1 The accused person is Mohamad Noor Bin Abdullah, a 39 year old Singaporean (D.O.B: 18 July 1977) and holder of NRIC No.: [xxx]. At the material time, he was unemployed.

2 On 12 October 2011 at about 10 am, officers from the Central Narcotics Bureau (“CNB”), Singapore were instructed at an operations briefing to proceed to Blk 336 Woodlands Avenue 1, Singapore to conduct observation on the unit at #08-523. They were informed to look out for a male Malay known by the nickname “Boy”, who was suspected of involvement in drug activities. The CNB officers then proceeded to the vicinity of Blk 336 Woodlands Avenue 1, and kept observation. At about 11.16am, the accused, who fitted the description of “Boy”, was seen walking at the ground floor of Blk 336 with a sling bag and a plastic bag. He then entered a car bearing registration number SGW 5275L (“the Car”) which was driven by another person.

3 The CNB officers then followed the Car from Blk 336 Woodlands Avenue 1 to the car park at Blk 4 and Blk 5 Marsiling Road. At the car park, near to Blk 5 Marsiling Road, the accused handed an envelope, which he knew contained heroin, to an unknown female Chinese. The Car left the car park at about 11.30am. The officers continued following the Car until it reached the car park behind Blk 525 and Blk 527 Jurong West Street 52, Singapore, which was in the vicinity of Blk 523. There, at about 11.50am, the officers stopped the Car and effected arrest of the accused who was in the front passenger seat.

4 After his arrest, the sling bag and plastic bag which the accused was seen carrying when he was at Blk 336 Woodlands Avenue 1 were searched by the Station Inspector Tay Cher Yean, and they found, inter alia, the following items which were suspected to contain controlled drugs:

5 The said six bundles and 15 packets of granular substances (“the Drugs”) were placed in tamper-proof bags and handed over to Senior Station Inspector Ng David (“SSI Ng”).

6 On 12 October 2011 at about 7pm, SSI Ng handed over the Drugs to the investigating officer at the time, then Inspector Almumin Ehsan Bin Akbar Ali (“IO Almumin”).

7 IO Almumin later handed the Drugs over to the Health Sciences Authority, Singapore (“HSA”) for analysis. Upon analysis of the Drugs, Ms Tan Sylvia, an analyst with the Illicit Drugs Laboratory of the HSA issued, on 14 August 2012, the following nine certificates under s16 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”) (Exhibits 84-86 and 91-96):

8 Collectively, the exhibits marked “K1A1A1”, “K1A3A1”, “K1A3B1”, “L1A1”, “L1A2”, “L1A3”, “L1B1”, “L1C1” and “L1D1” containing not less than 2,844g of granular/powdery substance were found to contain not less than 61.75g of diamorphine, a Class A Controlled Drug listed in The First Schedule to the MDA.

9 During the course of investigations, the following statements were recorded from the accused, namely:

(a) One contemporaneous statement recorded by SSI Ng on 12 October 2011 at about 1.04pm (Exhibit P132).

(b) One cautioned statement recorded by IO Almumin under s 23 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) (“CPC”) on 13 October 2011 at about 1.50am (Exhibit P143).

(c) One cautioned statement recorded by then Deputy Superintendent Lui Su Lin (“DSP Lui”) under s 23 of the CPC and on 7 November 2012 at about 10.25am (Exhibit P151).

(d) Five investigation statements recorded by IO Almumin under s 22 of the CPC on:

(i) 20 October 2011 at about 1.45pm (Exhibit P139);

(ii) 22 October 2011 at about 8.40am (Exhibit P140);

(iii) 26 October 2011 at about 8.20am (Exhibit P141); and

(iv) 31 January 2012 at about 9.50am (Exhibit P142).

(e) One investigation statement recorded by DSP Lui under s 22 of the CPC on 5 June 2013 at about 10.05am (Exhibit P145).

10 The above-mentioned statements were recorded in English. The statements were read back to the accused in English at the end of every recording and the accused affirmed his statements by appending his signature on every page of the statements.

11 In recording the above statements, no threat, inducement or promise was made or given to the accused by CNB officers or any other officer or person in authority involved in the investigations against the accused. The contents of all statements were voluntarily provided by and accurately recorded from the accused.

12 Investigations revealed that sometime in August 2011, the accused, Mohd Anuar bin Sujak (“Anuar”) and persons unknown had agreed to perform specific tasks in relation to procuring, storing and delivering heroin for the purpose of trafficking. Pursuant to the agreement, the accused was to deliver heroin to Anuar’s customers.

13 Sometime on 11 October 2011, Anuar instructed the accused to make a drug delivery to a place in Jurong West the next day (i.e. 12 October 2011). Anuar promised Noor $100 for the said delivery and the accused agreed.

14 On 12 October 2011, the accused received the following calls with instructions on the delivery of the Drugs:

(a) At about 10 am, Anuar called the accused, whilst the latter was at the Flat, and told him to:

(i) take a red plastic bag (later marked as “L1”) and a white plastic bag (later marked “L1A”) from the storeroom of the Flat. Both the accused and Anuar knew that “L1” and “L1A” contained heroin;

(ii) wait for a call from a Malaysian male who would provide further instructions on when and who to deliver “L1” and “L1A” (with the 6 bundles) to; and

(iii) take envelopes, which both the accused and Anuar knew that each envelope contained heroin, from the storeroom of the Flat. Anuar informed the accused that he would provide further details on the delivery of these envelopes later in the day.

The accused proceeded to assist Anuar. After retrieving the relevant items from the storeroom, the accused put “L1A” (with its contents) inside “L1”. He also placed the said envelopes into his black sling bag.

(b) Subsequently, the accused received a call from an unknown Malaysian male who instructed him to deliver “L1” and “L1A” to one “Hassan” at Blk 523 Jurong West. The accused acknowledged the said instructions. The call was made from a Malaysia-registered phone line. The said Malaysian male informed the accused that “Hassan” was a male Chinese and also provided the latter’s contact number which the accused saved in his mobile phone as “Hassan (JW)”.

(c) At about 11am, Anuar called the accused and told him to deliver one of the envelopes to an unknown female Chinese at Blk 5 Marsiling Road before proceeding to Jurong West. The accused acknowledged what the accused had conveyed to him.

15 At about 11 am, the accused left the Flat carrying his black sling bag (containing the envelopes of heroin) and “L1” (containing 6 bundles of heroin). At about 11.16am, the accused boarded the Car, driven by Hairil, and sat in the front passenger seat. Hairil then drove the Car to the car park at Blk 4 and Blk 5 Marsiling Road. There, the accused delivered one of the envelopes to the said unknown female Chinese, as earlier told to do so by Anuar.

16 The accused then requested Hairil to drive the Car to Jurong West. At about 11.30am, the Car left the said Marsiling Road car park. At about 11.50 am, the Car reached the car park behind Blk 525 and Blk 527 Jurong West Street 52, which was in the vicinity of Blk 523. There, CNB officers stopped the Car and placed the accused under arrest.

17 As at the time of his arrest on 12 October 2011, the accused was not authorised under the MDA or the regulations made thereunder to traffic in a controlled drug.