Singapore law shifting drug burden of proof to be defended in constitutional challenge

SINGAPORE, April 8 — The Singapore government will defend a law that shifts the burden of proof to offenders found with a specific quantity of drugs, The Straits Times reported, as a constitutional challenge is heard before the Court of Appeal.

Minister for Home Affairs and Law K. Shanmugam said in a ministerial statement today that there are no plans to amend the Misuse of Drugs Act (MDA), though the courts will decide on the constitutionality of its presumptions, according to the report.

Under the MDA, individuals found with controlled substances are presumed to have them in their possession unless they prove otherwise.

Additionally, those caught with quantities exceeding certain thresholds—such as 2g of diamorphine—are presumed to be trafficking.

Shanmugam explained that these presumptions address the difficulty of proving facts that are exclusively within the accused’s knowledge.

For instance, while the prosecution can establish possession, it may be challenging to prove that the accused knew the items were drugs.

The minister was responding to a parliamentary question from Chua Chu Kang GRC MP Zhulkarnain Abdul Rahim, who asked about possible amendments to the law.

Shanmugam noted that the query might have been prompted by a specific legal challenge involving four convicted drug traffickers.

The Court of Appeal is set to hear the case after the High Court ruled in November 2024 against claims that MDA provisions violate the presumption of innocence guaranteed by the constitution.

Among those affected is Malaysian national Pannir Selvam Pranthaman, convicted in 2017 of importing heroin, whose execution was stayed pending the outcome.

Separately, Singaporean Hamzah Ibrahim, sentenced to death for trafficking heroin, received an order of respite in February on the advice of President Tharman Shanmugaratnam, The Straits Times reported.

Shanmugam emphasised that the prosecution must still prove beyond a reasonable doubt that the drugs were in the accused’s possession before triggering the presumption of knowledge, alongside other offence elements.

He credited the legal framework, including the presumptions, for Singapore’s low drug abuse rates despite being near the Golden Triangle, a major hub for illicit drug production.

The minister added that the Central Narcotics Bureau, Ministry of Home Affairs, and Health Sciences Authority review purity thresholds annually to ensure they remain proportionate and relevant to evolving drug markets, the report added.