Public Prosecutor v Moad Fadzir Bin Mustaffa & Zuraimy Bin Musa [2019] SGHC 33


2019

We acted for Zuraimy Bin Musa (“Zuraimy“) who stood trial alongside Moad Fadzir Bin Mustaffa (“Moad“) for sharing a common intention to traffic in 36.93 grams of diamorphine (the “Drugs“) when they were arrested separately on 12 April 2016. If convicted, both men would be sentenced to suffer death.

Crucially, it was Moad who had been arrested in possession of the Drugs at the time of his arrest. In his contemporaneous statement, Moad had also admitted to knowing the nature of the drugs. It was also Moad who had made a withdrawal of approximately $3,000 the night before his arrest, presumably to pay for the Drugs (or at least a part thereof). Considering the evidence in its totality, the Judge thereby sentenced Moad to suffer death.

The Judge, however, did not agree with the Prosecution’s case that Zuraimy had shared in Moad’s intention to traffic the Drugs. The Judge found that the evidence had not necessarily shown that Zuraimy knew that Moad was purchasing the Drugs for the purpose of trafficking, and opined that it was possible that Zuraimy had thought that Moad had made the purchase for his own consumption.

The Judge thereby amended the charge against Zuraimy to one of abetting Moad to obtain the Drugs.

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