DRUG TRAFFICKERS cannot simply say “I didn’t know I was carrying drugs” in order to evade Singapore’s laws and harm Singaporeans.
Under the Misuse of Drugs Act, a person who is proven to be in possession of certain things containing a controlled drug is presumed to have had that drug in their possession, until they prove the contrary.
Minister for Law and Home Affairs K Shanmugam made these points explicit earlier this week in a Ministerial Statement in Parliament (8 Apr). He added that the Government has no plans to introduce any amendments to the law regarding the presumptions clause.
He used a real-life example to illustrate.
“A person was arrested at Woodlands checkpoint. He has got 145 grams of diamorphine. He said he traveled to Kuala Lumpur to look for job opportunities. He was introduced to a man known as Uncle. Uncle then passed him 10 packets of substances and taped these onto his body,” said Minister Shanmugam.
“This chap then claimed he asked Uncle what they were for. But Uncle showed him three fingers in reply, and he accepted it. He was not aware of the contents. And he came here,” continued the Minister.
“How can the prosecution rebut this? The truth is only in the person’s mind,” explained Minister Shanmugam as to why the presumptions are needed to protect Singaporeans.
“That is why our first Prime Minister, [who] was a lawyer, knew what the problem should be, and reversed the burden of proof,” added the Minister.
Minister Shanmugam’s mention of Singapore’s tough legal approach comes in an era which has seen convicted drug traffickers and their supporters file cynical legal challenges against their sentences.
However, Singapore’s approach is a time-tested one.
“While many other countries have faced huge difficulties in combating drugs, Singapore has been able to maintain one of the lowest rates of drug abuse in the world,” the Minister highlighted. “That is despite the worsening global drug situation and our location at the doorstep of the Golden Triangle, one of the world’s leading areas for illicit drugs.”
Minister Shanmugam reiterated the primacy of the law and the fairness of the justice system, a point he made previously in 2017.
“We are dealing with lives here. The life of a trafficker, yes,” said the Minister about Singapore’s drug trafficking laws. “But we’re also dealing with thousands of Singaporean lives.”
“The person must get a fair trial. Prosecution must prove what was the substance, how much was it, and possession, and any other evidence they can find. If the person has a defence, it is only fair that he proves it.”
