Ministerial statement: K Shanmugam on the government’s position on the presumptions under the Misuse of Drugs Act

The presumptions under the Misuse of Drugs Act (MDA) are necessary to protect Singapore from drug trafficking. They deal with the practical challenges in proving certain facts that are often exclusively within the accused person’s knowledge, or which have not been practical for the Prosecution to get direct evidence of. Therefore, the presumptions deal with the accused’s knowledge of the nature of the drugs. Under the MDA, the onus is on the accused to prove that he did not know that what were found to be in his possession were drugs, and these are usually facts within his own knowledge. The Prosecution must first prove beyond reasonable doubt that the drugs were in the accused's possession. That will then trigger the presumption of knowledge. Also, the Prosecution must still prove all the other elements of the offence beyond a reasonable doubt. Law and Home Affairs Minister K Shanmugam reiterated these points in a ministerial statement in parliament on Tuesday (Apr 8), in response to a question filed by MP Zhulkarnain Abdul Rahim. Mr Shanmugam told the House that Singapore has been able to maintain one of the lowest rates of drug abuse in the world despite the worsening global drug situation. He stressed that the presumptions have been an essential part of the legal framework that enables Singapore to deal effectively with the drug problem. The government has no plans to introduce any amendments as yet with regard to the presumptions as the law now stands, said Mr Shanmugam.