Public Prosecutor v Asogan Ramesh S/O Ramachandren and Others

• Jurisdiction: Singapore
• Judge: Kan Ting Chiu J
• Judgment Date: 05 July 1997
• Neutral Citation: [1997] SGHC 181
• Court: High Court (Singapore)
• Published date: 14 February 2013
• Year: 1997
• Plaintiff Counsel: DPPs Peter Lim Seng Lak with Han Ming Kwang
• Defendant Counsel: N Ganesan (N Ganesan & Associates) with P Padman (Tan Lee & Mohan),Raj Kumar (Raj Kumar & Partners) with Ang Chin Peng (Ang & Lee),John Abraham (John Abraham) with Suresh Veloo (Tan Lee & Partners)
• Citation: [1997] SGHC 181

Judgment:

1. The three accused persons were charged that they

on or about the 26th day of May 1996 between 4.00 am and 4.30

am at Block 93 Whampoa Drive, Singapore, in furtherance of the common intention of (them) all, committed murder by causing the death of one Saravanan Michael s/o Ramalingam, and (they) have thereby committed an offence under section 302 read with section 34 of the Penal Code, Chapter 224.

2. The evidence presented by the prosecution fell into four main categories, first the evidence of the witnesses Eiwin Fong Chee Kong and Chang Poh Yoke, second, the evidence of Vijiyamani s/o Tamilselvam, third, the statements of the accused persons made in the course of investigation, and lastly the evidence of Dr Paul Chui who conducted the post-mortem examination of the deceased.

3. The deceased Saravanan Michael s/o Ramalingam and the accused persons were associated with different groups. The deceased who was also known as Babu was a member of a group called the Lion Brothers. The members of the group played football together and engaged in other social activities. He was also a member of a secret society known as the Ang Koon or Sio Ang Koon. The three accused persons were associated with a dance group called Tiger Rose. They and their friends met and socialised in the Veerasamy Road area and were also referred to loosely as the Veerasamy Boys. The first accused Asogan was or had been a member of a secret society named Loh Kuan or Sio Loh Kuan. There was some friction between the members and friends of the Lion Brothers and the Veerasamy Boys which started in 1995 and continued to the day the deceased died.

4. The deceased had a fairly busy last day. In the earlier part of 25 May, he was in the company of his girlfriend Shanti d/o Annamalai. They went to the National Registration office at Colombo Court in the morning to apply for a replacement identity card for him. Thereafter they went to the Tanglin Police Station to extend his bail. Next they went to the Balestier Hotel where they checked into a room and spent the afternoon there. From the hotel, they went for dinner at Bras Basah Road at a MacDonald’s restaurant before going to Henderson Crescent where they parted company. At Henderson Crescent the deceased joined some friends and the group spent the night drinking, first at West Coast Drive, and then at Redhill Market. The group eventually broke up at about 4 am in the morning when the deceased was seen boarding a taxi to return to his home at Block 101 Whampoa Drive.

5. Eiwin Fong resided at a flat on the fourth storey, Block 99 Whampoa Drive. At about 4 am on 26 May 1996, he heard someone screaming. He looked out of his window towards a playground and saw three persons running towards Block 93 Whampoa Drive, and he heard them shouting. He also saw a fourth person in the playground running after the three persons. He called the police and reported the incident. His report was received at 4.23 am.

6. Chang Poh Yoke resided at Block 93 Whampoa Drive. Sometime past 4 am that morning, she heard the sound of bottles being smashed. She looked out of the window of the flat on the fourth storey and saw three persons punching another at the carpark next to her block. One of the assailants was holding an object in his hand. She also heard someone shout, although she did not understand what was said and could not identify the person who shouted. She called the police. After making the call which was received at 4.24 am, she heard a sound like a wooden object being smashed and the shouting continued a while before it stopped. About 5 minutes later she saw a male person lying in a pool of blood on the ground, and she called the police again. When the ambulance arrived at about 4.36 am, the deceased was already dead.

7. Vijiyamani s/o Tamilselvam was a friend of the three accused and was in their company when they assaulted the deceased. In his statement admitted in evidence, Vijiyamani said

2 On the 25 May 96 at about 11.00 pm, I called Kumar (Selvar Kumar s/o Silvaras) on the phone and arranged to meet him at World Music Lounge at Bugis Junction. I was the first to arrive at World Music Lounge. At about 12.00 am, Kumar came with Kanna (Mathavakannan K) and Ramesh (Asogan Ramesh s/o Ramachandren). We had two to three jugs of ‘Tiger’ beer.

3 We left the lounge at about 1.30 am (26/5/96). We took a taxi to ‘State’ Coffeeshop at Serangoon Road where we continued to have more beer. We consumed about four to five bottles of ‘Tiger’ beer. We then decided to see a Tamil movie called "Indian" at Hoover Theatre, Balestier Road.

4 From the coffee shop, we walked along Kitchener Road and took a taxi from outside new Park Hotel to Hoover Theatre. Although all of us smelt strongly of liquor, we were able to walk without assistance. Our speech was not slurred and we could still communicate with each other.

5 We arrived at Hoover Theatre sometime past 3.00 am. We found out that the movie "Indian" was not being shown. So we left. We then walked along Balestier Road towards Ceylon Sports Club. On the way, we came to a 7-Eleven store where Kanna went in and bought two bottles of ‘Tiger’ beer. We continued to walk on the pavement along Balestier Road. While walking, we were sharing the two bottles of ‘Tiger’ beer, consuming them straight from the bottles.

6 When we reached the end of the road near a turn (slip road), I went to urinate at the green fencing of a rubbish collection centre next to Block 101, Whampoa Drive. Kumar, Ramesh and Kanna were sitting at some chairs at the void deck of that block of flats. Kumar and Kanna were each holding a bottle of beer.

7 All of a sudden, I heard a commotion and I saw the three of them running from the void deck of Block 101, Whampoa Drive. The shouting came from either Kumar, Kanna or Ramesh telling someone not to run. I quickly ran by the right side of the said block and I noticed that they were chasing a male person who was running ahead of them at the car park. Next, I ran through the void deck of Block 100, Whampoa Drive and I heard the person who was being chased shouting for the police. He was shouting for help to call for he police. Kumar, Kanna and Ramesh continued to chase the male person at the car park. (Emphasis added)

8 I next ran along side Block 97, Whampoa Drive. Subsequently, I saw Kumar, Kanna and Ramesh struggling with the said male person at the second drive way near Block 97. The said male person was trying to free himself. The place of struggle was also near the corner of Block 93, Whampoa Drive. (Emphasis added)

9 I ran from Block 97 and went on to the first drive way. When I reached the corner of Block 93, I saw Kumar standing over the said male person and he was in the act of lifting a chair. The said male person was then lying on the floor in front of him. I shouted at Kumar to stop. I then rushed over to Kumar and told him to drop the chair. I believed he was going to hit the said male person. I caught hold of the chair from Kumar and threw it onto the ground. I noticed that Ramesh and Kanna were then standing in front of a nearby van facing Block 93. The injured male person was lying at the side of Block 93 away from the van.

8. The first accused Asogan, also known as Kutty Boy and Ramesh, was arrested on 14 June 1996. The second accused Mathavakannan who is also referred to as Kanna or Kannan was arrested on 20 June 1996. Selvar Kumar or Kumar surrendered himself to the police on 24 June 1996.

Asogan’s statements

9. On the day of his arrest the first accused was interviewed by detectives of the CID and he elected to write down his own statement. His statement read

On 25th of May, I, Kumar, Vijay and Kanna went to World Music Lounge at about eleven something. We had few jugs of beer. After that we to desker (sic) to have more beers. At about two-thirty we were talking about movie. So we made plan to go and see the movie. So we took cab to Hoover theatre. When we reach the theatre was not the show which we wanted to see. So we planned to make move back home. On our way we went to Seven-eleven and bought two bottles of tiger. After that we started walking down the road towards Race Course because we wanted to sent Kannan back home. As we were walking Vijay said that he wanted to urine. So as Vijay was urining (sic) I, Kumar and Kannan were standing nearby. As we standing we saw a man walking towards the block. Kumar told us that the guy who was walking look like Babu. So the three of us went towards him. When he saw he put few steps back. I told him that we wanted to talk but he didn’t wait for that. He shouted vulugar launage (sic) at us and turn back and start to ran. We chased him. As we were chasing Kumar throw a beer bottle at him but it miss him. He ran than (sic) he stopped and turn back at us pointing a knife at us. He warned us not come nearer and swing the knife at Kannan. The knife slashed Kannan at his finger. At this part I caught hold of Babu’s hand and snatch the knife from him and began to stab at him. He did struggle alot. At this part Kumar took a chair which was lying nearby and hit it at Babu. The chair hit me and the knife fell from my hand. At this part I was still struggling with him, and Kanna took the knife and stabbed him. At this part we heard somebody shouting and we ran away. I and Kannan cross the highway. As we were walking towards Kannan’s house, I threw the knife away at a construction site. After sending Kannan back to his house I went back by cab. During the struggle, I did injured my left second finger. At that time I did not really wanted to hurt him. The knife was his and we really didn’t expect to see him there. (Emphasis added)

10. At the early hours of 15 June, a cautioned statement was recorded from Asogan in which he said -

I did not intend to kill the deceased named in the charge. He took out a knife and stabbed my friend Kannan’s hand. As I was beside them, I caught hold of the deceased’s...