Mohamed Adat and Others v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Chua F A J
• Judgment Date: 09 March 1967
• Neutral Citation: [1967] SGFC 6
• Docket Number: Criminal Appeal No Y of 1966
• Date: 09 March 1967
• Year: 1967
• Published date: 19 September 2003
• Plaintiff Counsel: Dato' David Marshall (David Marshall)
• Citation: [1967] SGFC 6
• Defendant Counsel: Allen Yau,KS Rajah and CY Chia (Deputy Public Prosecutor)
• Court: Federal Court (Singapore)
• Subject Matter: Whether possible to convict on uncorroborated evidence of accomplices,Witnesses,Evidence,Corroboration,Treatment of evidence of accomplices,Criminal Procedure and Sentencing,Trials,Whether evidence of an accomplice corroborative of evidence of another accomplice,Whether trial judge misdirected the jury

The four appellants in this case were convicted of murder in a trial held by jury.

The short facts are these. On the night of 17 August 1965 the deceased Rafie bin Osman was walking along the `pasar malam` at Trevose Crescent when he was assaulted by some persons and he fell to the ground. Shortly after, he was found dead at the spot where he fell. There were two stab wounds inflicted on the deceased one of which was fatal - the stab wound in the chest which penetrated the heart and in which a knife was found embedded in it. Ex P 11 was the knife. The other stab wound was in the region of the right side of the body level with the right elbow. There were also abrasions and superficial wounds on the body.

The principal evidence against the appellants was the evidence given by five witnesses - Abdullah bin Rawjan, Sinnathamby, Selamat bin Ahmad, Tohar bin Kanali and Hassan bin Haji Ali - whose evidence the learned trial judge described as `tainted evidence`, and by two other witnesses - Mahat bin Moing and Hassan bin Abdul Latiff.

The evidence of Abdullah bin Rawjan was shortly this. He lived at No 178-A Breeze Plain. On the morning of 17 August 1965 he met the fourth appellant. The fourth appellant told him that he wanted to borrow a knife and Abdullah lent him one. Exhibit P12 was the knife. At about 6.30pm that same day the fourth appellant invited him to go to the `pasar malam` at Trevose Crescent. He in turn invited Sinnathamby. He met the fourth appellant, Sinnathamby, Selamat bin Ahmad, Tohar bin Kanali and two other youths in his kampong and together they went by bus to the `pasar malam` at Trevose Crescent. On arrival there they had food at a stall and after that the fourth appellant brought them to see the first appellant. They were introduced to the first appellant who then and there told them that there would be a fight that night and asked them to scatter. He moved away from the place and as he did so he saw the first appellant stop three Malay youths, two of whom were allowed to proceed on their way but one was detained. This Malay youth who was detained was then assaulted but he was unable to say by whom. He saw this Malay youth fall down and then the people scattered. He identified the place where the dead body of Rafie bin Osman was found as the place where this Malay youth fell after being assaulted. He then went straight to the main road and boarded a bus and went home. Two days later he found the knife exh P12 in his house. He did not know who had returned it. Subsequently the police took possession of the knife exh P12.

Sinnathamby`s evidence was shortly this. He lived at 27 Breeze Plain. On 17 August 1965 Abdullah invited him to go to the `pasar malam` at Trevose Crescent. Seven of them went - he, Abdullah, the fourth appellant, Selamat, Tohar and two others. On arrival they had food. While they were having food the fourth appellant produced a knife, similar to exh P12, from his back trouser pocket and had a look at it and put it back in his back trouser pocket. After their food they walked about in the `pasar malam` where the fourth appellant introduced them all to the first appellant who immediately said `There is some matter tonight` by which he understood that there was going to be a fight. The first appellant then asked them to walk in pairs and they did so. He then saw three persons approaching. The first appellant stopped them, two of the persons walked on, one remained. The one remaining and the first appellant then spoke together for a while. Then the first appellant punched this person in the face and he fell down. He then saw the second appellant hit this person who was on the ground with a Qantas bag. He saw no one else attack this person. He saw the fourth appellant who was in front of him, but the fourth appellant did not do anything. Then he and the fourth appellant ran away and with two or three others they went to the sixth milestone Bukit Timah Road where the fourth appellant went into his friend`s house and left the knife on the table in the house and then went to wash his hands. The fourth appellant`s friend was a Malay who was earlier in the group. They waited for the friend who gave the fourth appellant some money for them to go home in a taxi.

The evidence of Selamat bin Ahmad was shortly this. He lived at no 96 Breeze Plain. On 17 August 1965 the fourth appellant invited him to go to the `pasar malam` at Trevose Crescent and seven of them went - he, Abdullah, fourth appellant, Tohar and three others. They had a meal on arrival and after that they walked along the `pasar malam`. They met the first appellant and the fourth appellant introduced him to the first appellant who said `There will be a fight or quarrel tonight` and asked them to disperse, to walk singly. He did not agree to join in the fight and started to walk away. As he did so he saw the first appellant stopping three persons. The first appellant allowed two of these three persons to proceed on but detained the other. He then saw the first appellant punch the person who was detained and five or six other persons rushed at this person who was punched and there was confusion. He was frightened and ran away. He boarded a bus and went to the sixth milestone Bukit Timah Road to the house of the first appellant where he met the fourth appellant, Abdullah and Tohar and together they went back to their respective houses.

The evidence of Tohar bin Kanali was shortly this. He lived at 27-A Breeze Plain. On 17 August 1965 the fourth appellant invited him to go to the `pasar malam` at Trevose Crescent. Seven of them went - he, Abdullah, Sinnathamby, Selamat, fourth appellant and two others. When they arrived they had food at a stall and then they walked along the `pasar malam` where the fourth appellant met the first appellant. The fourth appellant introduced...