Balarasu s/o Periasamy v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Gilbert Low Teik Seang
• Judgment Date: 26 March 2001
• Neutral Citation: [2001] SGMC 14
• Published date: 19 April 2005
• Year: 2001
• Citation: [2001] SGMC 14
• Court: Magistrates' Court (Singapore)

Balarasu s/o Periasamy ...appellant

v

Public Prosecutor ...respondent

Citation:	MAC No 398 of 2001
Jurisdiction:	Singapore
Date:	2001:03:26
	2001:02:27
Court:	Subordinate Courts
Coram:	Gilbert Low, Magistrate
Counsel:	Inspector Hilarion Lopez (Police Prosecutor) for the Public Prosecutor
	Accused / Appellant in Person

JUDGMENT:

Grounds of Decision

1. At the end of his trial before me, I found the accused guilty of the following amended charge preferred by the prosecution in MAC 398/2001 and marked Exhibit P4:

"You,

BALARASU S/O PERIASAMY, MALE: 42 YEARS OLD
NRIC NO: S 1343263-E
D.O.B: 24.03.1959

are charged (sic) that you on the 10^th day of January 2001, at about 7.50 pm, whilst being conveyed in a police patrol car from Block 5 Seletar West Farmway 6 #01-92 Singapore to Ang Mo Kio Police Division Singapore, did use abusive words to one Koh Boon Yong, a Police Corporal of Ang Mo Kio Police Division Singapore, to wit, by scolding "Fuck You" to the officer, in the execution of his duty as such public servant, and you have thereby committed an offence punishable under Section 13D(1)(a) of the Miscellaneous Offences (Public Order and Nuisance) Act, Chapter 184."

PROSECUTION’S CASE

2. In the afternoon of 10 January 2001, two police officers, Corporal Koh Boon Yong ("Cpl Koh") and Corporal Muhammad Rizal bin Saleh ("Cpl Rizal"), were on police patrol car duty when they received a message at about 3 pm requesting them to proceed to block 5 Seletar West Farmway 6 #01-92 Singapore. The message stated that the caller’s mother was unconscious and police assistance was required. On arrival at the said premises, the accused opened the door for them. The officers then informed him the reason for their visit. However, the accused denied having call for the police. The officers proceeded to check the place and noticed an old lady there whom the accused confirmed to be his mother. The old lady was conscious at that time. When the officers were about to take their leave, the accused stopped them and demanded two dollars from them to buy food for his mother. The officers declined to do so and gave him the relevant contact number should he require financial assistance.

3. The officers resumed their rounds in the patrol car. At about 5 pm, they received another message about an Indian man causing trouble at the same vicinity. The description of the person causing the trouble matched that of the accused whom the officers had earlier met. They went to the vicinity and patrolled the area. However, there was no sign of the accused at that time. At about 7:40 pm, the officers received a third message that an Indian man was fighting in the same vicinity. Upon arrival there again, they saw the accused shouting and gesticulating in the vicinity. When the accused failed to heed their warning to quieten himself, the officers placed him under arrest for disorderly behaviour. That was at about 7:50 pm. The accused was then placed in the rear of the police patrol car with Cpl Rizal beside him. Cpl Koh was in front driving the vehicle, conveying the accused to Ang Mo Kio Police Division. Whilst in the vehicle, the accused continued to shout. When Cpl Koh warned him to stop shouting, the accused responded by saying "fuck you" at Cpl Koh.

DEFENCE

4. When called for his defence, the accused elected to give evidence. (At the start of the trial, the prosecution tendered his medical report from the Institute of Mental Health where he was remanded after his arrest which certified that he was fit to stand trial – see Exhibit P2.) He admitted shouting and waving his hands outside the vicinity of his flat at the material date and time. He also admitted not heeding the police officers’ warning to leave the area. He even admitted that he was violent when Cpl Rizal attempted to handcuff him. Whilst in the patrol car and being conveyed to Ang...