Public Prosecutor v Galing Anak Kujat and another

• Judge: Kan Ting Chiu J
• Judgment Date: 30 July 2010
• Neutral Citation: [2010] SGHC 212
• Citation: [2010] SGHC 212
• Court: High Court (Singapore)
• Published date: 19 October 2011
• Docket Number: Criminal Case No 31 of 2009
• Plaintiff Counsel: Leong Wing Tuck and Gordon Oh (Deputy Public Prosecutors)
• Defendant Counsel: Chandra Mohan s/o K Nair (Tan Rajah & Cheah) and Chia Soo Michael (Sankar Ow & Partners),Johan Ismail (Johan Ismail & Co) and Zaminder Singh Gill (Hilborne & Co)
• Subject Matter: Criminal Law
• Hearing Date: 27 July 2009,20 July 2009,23 July 2009,24 July 2009,29 July 2009,30 July 2009,31 July 2009,21 July 2009,28 July 2009,22 July 2009

Kan Ting Chiu J:

On the night of 17 February 2008, two persons, Wu Jun and Cao Ruyin were walking along a pathway in an open space near Geylang Drive after their dinner. Whilst they were making their way peacefully, they were set upon by the two accused persons, Galing Anak Kujat (“Galing”) and Jabing Kho (“Jabing”).

Cao Ruyin (“the deceased”) suffered severe head injuries, which led to his death on 23 February 2008, and was also robbed of his handphone. Wu Jun escaped with minor injuries.

Galing and Jabing were prosecuted before me on the charge that they:

[o]n or about the 17th day of February 2008, at about 8.19 p.m., at the open space near Geylang Drive, Singapore ... in furtherance of the common intention of both of [them], committed murder by doing an act which caused the death of one Cao Ruyin, male 40 years old, which death took place on 23 February 2008, and [they] have thereby committed an offence punishable under section 302 read with section 34 of the Penal Code, Chapter 224.

Galing and Jabing were not arrested for several days after the assault. The records of the deceased’s handphone enabled the police to conduct investigations and arrest the two accused persons and their friends.

There were only three persons who gave direct evidence of the attack, namely, Wu Jun, and the two accused persons. At the trial, the prosecution tendered in evidence seven statements taken from Galing and six statements from Jabing. All these statements were admitted in evidence without objection.

Galing’s statements Statement dated 26 February 2008

The first statement recorded from Galing was recorded by Senior Station Inspector Razali bin Razak (“SSI Razali”). In this statement¹ Galing recounted that:

On 17/02/2008 at about 10:00 pm plus, my friends namely Vincent, Jabing, two Sarawak guys whose name I could not remember and I walked along Lorong 4 Geylang going to Lorong 12 Geylang for drink. Whilst we were walking along the road, suddenly Jabing cross the road. Seeing this, I also crossed the road to follow him while the others did not cross the road. Jabing then told me to look at two male Chinese walking beside the road. I then asked Jabing what we are going to do. Jabing replied that we robbed the two male Chinese. I told Jabing not to do it. Jabing did not reply and just walked behind the two male Chinese. I then saw Jabing took a piece of wood near a tree. After a few steps, Jabing used the wood to hit on the male Chinese who has a bigger built on his head. The other smaller male Chinese wanted to beat Jabing and I approached the smaller Chinese and took out the belt that I was wearing belonging to my friend and used the belt to beat the smaller male Chinese at his face.

2 Afterwhich, I saw the bigger size male Chinese try to run but Jabing continue to beat him. I then chased the smaller male Chinese for quite a distance but he managed to run away. I then turn around and walk towards Jabing. I then saw the bigger male Chinese was already on the ground. After that I saw the smaller male Chinese came back towards me. Jabing then chased the smaller male Chinese and I let him do so. I then took the handphone belonging to the bigger male Chinese on his right waist. After taking the handphone I ran and shouted to Jabing not to chase the smaller male Chinese anymore. 3 Jabing then stopped chasing the smaller male Chinese and followed me use the overhead bridge to cross the opposite side of the road to meet up with Vincent and the two Sarawak guys who were waiting for us. After that the five of us walked to Lorong 24 Geylang When we reached the coffee shop were order tiger beer to drink. I then told Jabing, Vincent and the two Sarawak guys that I want to sell away the stolen handphone. Vincent told me not to sell and I asked who wants to use the handphone. Vincent told me that he wants to use the handphone first and I asked Vincent whether he got any money. Vincent said he got money and I asked for $300/- to use for drinking. Vincent then took out cash of $300/- to me and I gave Vincent the N73 handphone. I told Vincent that he used the handphone first and at the end of the month I will take back the handphone. 4 Vincent then opened the cover of the handphone to remove the SIM card and I open my handphone cover and took out my SIM card and I insert it into the N73 handphone. I then switched on the N73 handphone and find out that it has a pin number. I tried to key in any number as the pin number but was not successful. Vincent then took the N73 handphone and try for few times but also was not successful. Vincent told me that the N73 handphone must be sent to a handphone shop. I then told Vincent to do it and asked back for my SIM card. After we finished drinking till morning about 6:00 am, I left the coffee shop leaving the four of them behind. At about 6:15 am, I took a bus and go back to my working place at Sebarok Island. (The person referred to as “Vincent” is also referred to as “Vencent”, and his full name is Vencent Anak Anding.) Cautioned statement dated 26 February 2008

A cautioned statement was recorded from Galing later on the same day in response to a charge that he, Vencent Anak Anding and three other persons had murdered the deceased. The statement² reads:

I do not have the intention to commit murder but my friend Jabing was too violent when hitting the Chinese man until he bled profusely. I saw him hitting the Chinese man several times and his head cracked open. Jabing used a piece of wood which he picked up from the road side. While the Chinese man was holding his head, I took a handphone from his waist pouch. When I was taking this handphone, Jabing chased after another Chinese man. This man is thin. I shouted at Jabing to stop chasing the Chinese man. He stopped, and we took the overhead bridge to join three other friends who were across the road. I suggested to the four of them to follow me to Lor 24 Geylang for drinks. We drank about six bottles of Tiger Beer. Before we started drinking I told them that I wanted to sell the handphone. My friend Vencent then informed me that he would keep the handphone and advance a sum of three hundred dollars. He took out three hundred dollars and gave it to me. I told Vencent that I will return three hundred dollars to him and collect the phone back when I have the money. I gave fifty dollars each to Vencent, Jabing and two other friends. I do not know their names. I also used some of the money to pay for the bottles of beer. I wish to say again that I have no intention to kill the Chinese man. I did not expect the Chinese man to die. I really regretted that Jabing hit him so many times until he died. I am sorry. I have no intention to kill him.

Investigation statements recorded on 3, 4 and 6 March 2008³

The Investigation Officer of the case, Senior Station Inspector Zainal Abidin Ismail (“SSI Zainal”) recorded investigation statements from Galing on 3, 4 and 6 March 2008 with the service of a Malay interpreter, Marriana. In these statements Galing recounted that on 17 February 2008, Vencent had proposed to him that they rob two Bangladeshi persons. Galing agreed, and went to Tiong Bahru where the robbery was to take place. Other persons, namely, Jabing and Anthony Anak Jaban also agreed to join them in the scheme. The robbery was aborted because the group could not find the two targets. Another person, Alan Anak Ajan, joined the group, and they consumed liquor known as “Narcissus Ginseng Wine Tonic”.

Eventually they left Tiong Bahru and went to Geylang. Galing stated that his intention was to meet some friends there and to drink with them. Galing’s account of the events that followed merits reproduction: 14 Past 7.00 pm, we arrived at Kallang MRT and all of us alighted there. From Kallang MRT we walked towards Lor 4 by foot. Jabing and I were walking in front of the Vencent, Alan and Anthony. We walked past by block of flats and shops. We crossed the road using the pedestrian crossing and walked into Lor 4 Geylang Road. Once at Lor 4, Jabing and I walked to the other end of Lor 4 towards Lor 12. Suddenly, I saw Jabing crossed the road towards the open space. [Established to be Sims Way]. On seeing this, I followed him and caught up with Jabing at the centre of the road divider. I asked him what was going on. He pointed tome 2 male Chinese who were walking along the cemented path across the open field. Both of them were walking towards the other side of the road where there were several lorries were parking. Jabing told me that he wanted to rob those 2 persons. I told him not to do so but he ignored me. Jabing was walking slightly ahead of me. I saw him picked a wood from the ground which look like a tree branch that had just been cut from the trees. The said wood is about 2 feet long. Jabing carried it with his right hand by his side and walked hurriedly towards the rear of the 2 male Chinese. I would like to say that one of male Chinese was smaller in built whist the other was bigger built. When Jabing neared both of them, he used both his hands and swung the wood towards the right side of the bigger built make Chinese. On being hit, that said male Chinese held his head and ran forward. The other smaller built male Chinese stepped aside and ran but he turned back and ran after Jabing who was chasing the bigger built male Chinese. On seeing this, I took the belt I was wearing and I rolled part of the belt with my left hand with its buckle exposed. I swung the buckle of the belt towards the smaller built male Chinese. 16 I struck part of the smaller built Chinese’s face with the belt and he ran towards the main road. I chased him but he ran very fast and I could not catch up with him. I gave up the chase and turned back towards Jabing who was hitting the other Chinese with the wood in his hands repeatedly at the end of the open space where there...