Judge asks prosecution for more information on Kpods in first case involving etomidate-laced vapes

In the first prosecution involving etomidate-laced vapes, known as Kpods, the court has directed the Health Sciences Authority (HSA) to provide more information for sentencing, including a profile of end users.

Mohammed Akil Abdul Rahim, 41, who is alleged to have made the Kpods at home with the intent to sell them, had been expected to plead guilty on July 23.

The Singaporean, who is facing a total of eight charges, including two for selling and possession to sell etomidate under the Poisons Act in Yishun, is now scheduled to do so on Aug 11 after the case was adjourned for the prosecution to flesh out its sentencing submissions.

In court on July 23, Deputy Principal District Judge Ong Chin Rhu noted that the prosecution had furnished a skeletal sentencing submission. She added that, given the novelty of the case and the fact that there are no precedents for the possession for sale of etomidate under the Poisons Act, time should be given for the prosecution to furnish a full version.

This would include case law for a case of this nature, Judge Ong said.

Apart from the profile of end users, she also asked for statistics on the rise of vapes containing etomidate in Singapore, which she said would better inform the court about their prevalence.

She also asked for information about the effects of inhaling etomidate, noting that the prosecution had provided information on the consequences of its intravenous use.

Etomidate is an anaesthetic agent used in clinical practice to induce sedation and is controlled under the Poisons Act. In a recent seizure of over 100 vapes, a third was found to contain etomidate. 

One of Akil’s charges involved the possession for sale of 26.4g of white powder, which was analysed and found to contain etomidate. Judge Ong asked the prosecution about the significance of this amount of the substance.

“Is that a lot in the grand scheme of things,” she asked, in wanting to know how many vapes could be manufactured with this amount.

The HSA prosecutor said the agency is proceeding on three of the seven charges under its purview and seeking between 12 and 15 months’ jail for Akil.

HSA is asking for eight to 10 months’ jail for the charge involving the 26.4g white powder and four to five months’ jail for a charge involving the possession for the purpose of sale of 2,588 components of items designed to resemble tobacco products.

These included 569 pieces of empty pod casings, 534 pieces of pod components and 1,485 pieces of pod covers.

The recommended sentences are to run consecutively, with two to three months’ jail proposed for a third charge of selling 100 vape pods containing etomidate to run concurrently.

Akil’s eighth charge is under the Passports Act for making a false statement to the Immigration and Checkpoints Authority (ICA) while applying for a new Singapore passport. He allegedly lied on Jan 20 that he forgot his bag, which contained his NRIC and passport, at a coffee shop and that his passport was not returned to him. An ICA prosecutor said it would be seeking six to eight weeks’ jail for the offence, which will run consecutively with HSA’s proposed sentences.

Akil maintained his wish to plead guilty, noting he did not want to waste anyone’s time and wanted the matter to end so he could move on with his life.

Questioning the prosecution’s labelling of him as a flight risk, he said he had no intention of absconding and has two children and an ageing mother.

He has been offered $20,000 bail, of which $5,000 needs to be in cash. Lowering the cash component would allow him to be released from remand so he can help his son prepare for his Primary School Leaving Examination, he said. The prosecution said it would not be seeking a variance in his bail amount.

Health Minister Ong Ye Kung said on July 20 that the authorities are working to list etomidate under the Misuse of Drugs Act, paving the way for abusers and traffickers of Kpods to be treated in the same way as those who abuse or traffic drugs like nimetazepam, also known as Erimin-5, with mandatory rehabilitation and jail time for repeat offenders.

Those who need help to quit vaping can join the Health Promotion Board’s I Quit programme by calling the QuitLine on 1800-438-2000. Participants need not worry about being prosecuted, as it does not presume they are using or have used vaping products. But those caught using or possessing such items will be prosecuted.

From July 21, HSA has extended the operating hours for its hotline to report vaping-related offences.

The hotline now operates from 9am to 9pm daily, including on public holidays. HSA has also launched a new online portal to report vaping-related offences at www.go.gov.sg/reportvape

If you have a story to share about vapes, e-mail us at [email protected]

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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