CRIMINAL CASE NO. 34 OF 1993 AND APPEAL NO. 53 OF 1993

Mr Cheo Chai Chen asked the Minister for Home Affairs, in respect of Criminal Case No. 34 of 1993 and Appeal No. 53 of 1993, why there is a discrepancy between the weight of heroin seized at the time of the arrest of the accused Lim Swee Seng ie. 474.11 grams and the weight of it as found by the Department of Scientific Services ie 395.98 grams, the weight difference being 78.13 grams, and whether there was any investigation into the cause of the discrepancy.

Assoc. Prof. Ho Peng Kee (for the Minister for Home Affairs): Sir, Lim Swee Seng was arrested by officers from the Central Narcotics Bureau (CNB) for drug trafficking on 31st May 1991. When he was arrested, Lim was found in the possession of 53 packets of granular substances. Six other packets of the same substances were recovered from his flat in a cigarette box.

Immediately after the arrest, the investigating officer weighed seven bundles which contained the 53 packets of granular substances in plastic sachets wrapped in newspapers in Lim's presence. The bundles were weighed in their newspaper wrappings and plastic sachets to retain the original state of the exhibits. The seven bundles' gross weight was found to be 474.11 grams. The bundles were then marked and sent to the Department of Scientific Services (DSS) for analysis on 1st June 1991. Lim was charged on 1st June 1991 in the Subordinate Court for two counts of trafficking in diamorphine weighing 474.11 grams in the 53 packets and 58.56 grams in the six packets respectively.

On 2nd June 1992, the DSS' analysis confirmed that the 53 packets of granular substances contained a nett weight of 32.28 grams of diamorphine. When Lim was tried at the High Court, the charge relating to the 53 packets of granular substances was amended to one of trafficking in nett weight of 32.28 grams of diamorphine.

Sir, during the cross examination of the scientific evidence at the trial, the defence counsel recalculated the gross weight of the seven bundles which contained the 53 packets of granular substances. This was done by adding (a) the weight of the granular substances (325.3 grams); (b) the weight of the 53 empty plastic sachets (30.68 grams); and (c) the weight of the seven pieces of newspaper (40 grams).

Sir, the gross weight calculated in this manner was found to be 395.98 grams. There was a difference of 78.13 grams as the gross weight of the seven bundles taken by CNB at the time of the arrest was 474.11 grams. The trial judge was unable to determine the reason for the discrepancy. However, what is important is that the trial judge was satisfied that there was no break in the chain of evidence and that the correct exhibit was sent for analysis. Equally important is the fact that Lim Swee Seng was convicted of the charge of trafficking in a nett weight of 32.28 grams of diamorphine, way above the minimum 15 grams which attracts the capital punishment. This weight was determined by the Department of Scientific Services using stringent analysis protocol which is internationally recognised and not based on the gross weight of the seven bundles of exhibits.