askST: Was PHV driver right to detain intoxicated passenger who was allegedly using Kpods?

SINGAPORE – When private-hire vehicle (PHV) driver Mr Lim arrived in Jurong East at 6.15am on March 16 to pick up a passenger, he noticed that the man appeared intoxicated.

The man had booked a ride to a destination in the central area. During the drive, Mr Lim, who declined to give his full name, saw the man using an e-vaporiser.

Suspecting it was an etomidate-laced Kpod, the 29-year-old Grab driver made his way to Clementi Police Division Headquarters.

The man tried to make a run for it when they arrived there, but the PHV driver held on to him until police officers detained him.

Mr Lim said: “When he started smoking in my vehicle, I got very angry. I knew I had to be quiet and keep my cool until we reached the police station.

“I was concerned for my safety, but I knew that keeping silent and not arguing with him was the best way.”

The 34-year-old suspect was later referred to the Health Sciences Authority (HSA).

“The man was found with two vaporisers and one pod, which have been sent for testing. Investigations are ongoing,” said an HSA spokesperson.

While most netizens praised the driver’s actions, some wondered if he was allowed to drop the passenger off at a different location and detain him when he tried to run.

A: Criminal lawyer Cory Wong of Invictus Law Corp said that under Section 66 of the Criminal Procedure Code (CPC), a private person may arrest any individual who, in the private person’s view or presence, commits an arrestable non-bailable offence.

Mr Wong added: “In the scenario of detaining a suspect in their car, drivers can generally rely on the law of citizen’s arrest and as long as they act reasonably without using more force than is necessary on the suspect.

“So even though detaining the suspect in the car would have typically amounted to an offence of wrongful restraint or wrongful confinement, the lawful use of citizen’s arrest would protect the driver.”

LIMN Law Corp managing director John Lim said the dashcam footage from the driver’s car showed that Mr Lim did not use excessive force to prevent the passenger’s escape.

“There was no unnecessary restraint,” Mr John Lim added.

Mr Wong said that if the passenger had turned violent during the ride, the driver should let the person alight and call the police instead.

A: Mr John Lim said the “arrestable non-bailable offence” under the law generally refers to more serious offences, such as rape.

Etomidate, an anaesthetic agent used in Kpods, is listed as a Class C controlled drug under the Misuse of Drugs Act.

Offences under the Act are broadly defined as arrestable non-bailable offences, said the lawyer.

He added: “A private person cannot effect a citizen’s arrest, for just any type of offence.

“There is therefore indeed a risk for a private person, no matter how good his intentions are, to carry out an arrest for which the law does not allow him to do so.

“Ultimately, the decision must be in the public’s interest. If no harm was caused, proceeding to charge for a breach of Section 66 of the CPC would discourage members of the public from stepping forward.”

CHP Law director Chong Yi Mei said that a private person can arrest someone only in fairly limited situations, adding that in this case, there are also considerations for what happened in and outside the vehicle.

She said the driver may have ended up committing an offence of wrongful restraint or wrongful confinement if the passenger was prevented from leaving against his will.

“There may be also an offence of criminal force… depending on what the driver did.”

A: A Grab spokesperson said driver-partners who encounter passengers vaping or acting under the influence are advised to report them via live chat in the driver app.

They are also to rate and provide feedback at the end of the ride so that the Grab team can take action.

In this case, the company said the passenger has been permanently banned from the platform, adding that Grab will cooperate with the authorities to support investigations.

The spokesperson added: “We want to commend our driver-partner for his calm, quick thinking in this situation.

“Rather than confront the passenger or take matters into his own hands, he made the responsible decision to drive directly to a police station.”