Public Prosecutor v Huang Rong Tai and Another

JurisdictionSingapore
JudgeChao Hick Tin JA
Judgment Date20 January 2003
Neutral Citation[2003] SGCA 1
Date20 January 2003
Subject MatterReliability of contents of accused's statements,Evidence,Accused retracting confession,Whether accused capable of making reliable statements,Whether confession true and reliable,Confessions,Proof of evidence,Accused not giving explanation for retraction,Accused mildly retarded
Docket NumberCriminal Appeal No 15 of 2002
Published date17 December 2003
Defendant CounselWong Siew Hong (Infinitus Law Corporation),Goh Siok Leng (Christina Goh & Co)
CourtCourt of Appeal (Singapore)
Plaintiff CounselDaniel Koh Poh Leong (DPP)

Delivered by Yong Pung How CJ

The respondents, Huang and XYZ (a 16 year-old male), were tried in the High Court before Judicial Commissioner Choo Han Teck (as he then was) on two charges each of mischief by fire under s 436 of the Penal Code (Cap 224) read with s 34. The first charge related to the setting of fire to a market and hawker centre at Blk 226D, Ang Mo Kio Avenue 1 on 8 February 2000, at or about 2.53 am, while the second charge was in respect of the setting of fire to a market and hawker centre at Blk 341, Ang Mo Kio Avenue 1 on 7 January 2001, at or about 2.16 am. The respondents were acquitted of both the charges and the prosecution has now appealed against their acquittal.

The fire investigation reports

2 Before we go into the circumstances under which the respondents were arrested, we think it proper to lay out some important findings in the fire investigation reports tendered by the prosecution, in respect of the fires forming the subject matter of the two charges. The evidence presented by the reports was not materially in dispute.

3 In the fire investigation report relating to the fire at Blk 226D Ang Mo Kio, the fire was classified as incendiary. The fire damaged 120 wet market and hawker stalls altogether, as well as the roof structure and the electrical wiring of the market. From the eyewitnesses’ account, it was indicated that the fire originated from the flower stall at the wet market area, numbered as stall no. 110. The point of fire origin was determined to be at the position marked ‘O’ as shown on an exhibit marked as Annex C and Photo No.18 of Annex F, at the base of a refrigerator found in between stalls no. 110 and 91. In the report, intense and severe burn marks were stated to be found on the wrapping papers near the compressor of the refrigerator, indicating the point of fire origin. Intense and severe burn marks were also observed on the interior and exterior of the refrigerator and on the aluminium shutter nearby. The fire was reported to have gradually developed from the papers at the compressor of the refrigerator, spreading to burn upwards towards the timber joist of the roof structure. No trace of flammable liquid was detected from the samples of debris sent for laboratory analysis.

4 The other fire investigation report also classified the fire at Blk 341 Ang Mo Kio as incendiary. All possible accidental causes were ruled out. The fire severely damaged a total of 190 wet market and hawker stalls. The extent of the damage was such as to necessitate the reconstruction of the entire market. According to the report, high and severe charring effects were observed on the remains of stall no. 72. Surface and intense burn marks were also observed on top of stall no. 91. The top portion of an aluminium ladder placed at the side of stall no. 91 was completely melted and low level and deep burning were observed between stalls no. 77 and 78. The area of fire origin was believed to involve a number of stalls (stalls no. 70, 71, 72, 77, 78, 79, 80, 89, 90 and 91) and was marked out as ‘O’ on an exhibit marked as Annex C to the fire investigation report. It is pertinent to note that this fire investigation report, in relation to Blk 341, referred to an area of fire origin, as opposed to a point of fire origin. This will be elaborated upon later.

5 Traces of flammable accelerant were detected using hydrocarbon detectors at the drain pipes of stalls no. 90 and 91. The drain pipes were dismantled, sealed as exhibits and sent for laboratory analysis together with eight other samples of debris. Chia Poh Ling, a Scientific Officer with the Department of Scientific Services testified at trial that she was the one who examined the drain pipes and the rest of the debris samples sent to her for analysis by the fire investigators. She found petrol stains on one part of the drain pipe from stall no. 91. Nothing was detected on the rest of the samples.

Background facts

6 On 6 September 2001, at about 3.00 am in the morning, the respondents were spotted, together with a young girl, by three police patrol officers, Sgt Mohamed Bin Zainol, Cpl Hairulnizam bin Sengari and Cpl Juhardi bin Sa’adon near Blk 206 Ang Mo Kio Avenue 3. The young girl walked away upon seeing the police officers, who found this suspicious. Sgt Mohamed went over to question the two respondents and to ascertain their identities, while the two corporals proceeded to look for the young girl. As she could not be found, the corporals returned to join Sgt Mohamed. Huang was unable to produce his IC. When told by the two respondents that they had not been arrested before, the police officers decided to screen them, whereupon it was found that this was not true and that Huang actually had a previous police record. The police officers then conducted a search of the two respondents and found a lighter on Huang but no cigarettes on either of them. According to the police officers, Huang explained that he carried the lighter ‘for fun’.

7 A few hours later, at around 4.45 am, the police officers received a message that a motorcycle was on fire at Blk 205. They suspected that the two respondents might be involved and put up an information report on them back at the police station. On 10 September 2001, at around midnight, Sgt Murugasvaran s/o Madasamy went with a team of colleagues to Huang’s house and brought him back to the police station to assist in the investigation of the fire on the motorcycle. At around 8.00 am the next morning, Huang was placed under arrest by SIO Sabil Juni. On the way to the scene of the fire, Huang volunteered a statement to SIO Sabil Juni that XYZ had also been involved in the setting of the fire. He led the police officers to XYZ’s residence at Blk 4, Seletar Road but retracted the statement when just outside XYZ’s residence. XYZ was, nevertheless, invited to the police station for questioning. He denied his involvement and was subsequently released on the same day.

8 Sometime after 14 September 2001, while still in the custody of the police, Huang told them that he and XYZ were involved in setting the fires to the Ang Mo Kio markets at Blks 226D and 341. As a result, XYZ was arrested at the McDonald’s Restaurant where he was working.

Huang’s statements

9 Four statements by Huang containing confessions in relation to the fires at the two Ang Mo Kio markets were sought to be admitted by the prosecution. There were two long statements recorded on 24 and 25 September 2001 respectively and two cautioned statements recorded at 1.35 pm and 2.31 pm respectively on 24 September 2001. It is necessary for us to set out his long statement recorded on 24 September 2001 as the contents of the statement are vital to the case at hand.

Exhibit P9 – Long statement recorded on 24 September 2001

Sometime last year, Ah Huat and I went to Blk 226 Ang Mo Kio, at about 3.00 to 4.00 am. It was a wet market that had already closed for the day. We looked for old newspaper among the stalls and managed to find them. Ah Huat took my lighter and lighted some newspapers. Thereafter he put the burning newspaper under a refrigerator in the market. He handed some burning newspapers to me and I did the same thing by putting them under the same refrigerator. At the same time, I also acted as a lookout. We did not stay to check whether a fire broke out. Soon after, we left the place on our bicycles.

2 We have actually bought petrol to the place to start a fire. The petrol was bought at a petrol station in Ang Mo Kio area. I cannot remember when we have bought the petrol. Before we started lighting up the newspapers, I poured some petrol to dampen the newspapers. We have brought the petrol which was contained in a plastic container. After dampening the newspapers both Ah Huat and I have poured some petrol onto the market floor. We used up half the quantity of petrol in the container. We went to a block of flats starting with digit ‘3’ where I hid the container of petrol in the void deck, underneath a certain balcony.

3 On one occasion sometime this year, at about 2.00 to 3.00 am, Ah Huat and I were at Blk 338 Ang Mo Kio . This place was near to a 7-Eleven outlet; we have bought some cup noodles which we have heated up in the 7-eleven premises. Ah Huat and I sat at the void deck consuming the noodles and smoking away. We have not planned what to do then. After sometime, we decided to ride to a nearby market which is behind a Police Post. We went into the market which was already closed for business for the day. In the market, we walked about to see if there were any place to start a fire. At that time, we were spotted by an ‘uncle’. When we noticed him around, we quickly left the place and returned to the same 7-Eleven outlet. Ah Huat was then waiting for me outside the shop. I was inside the 7-eleven outlet to buy drinks and cigarettes. When I came out, two Policemen questioned me and asked me how old I was. At that time I was smoking and I had to show them my identity card. They wanted to know what I was doing there. Apparently they had checked Ah Huat earlier when I was still inside the 7-Eleven premises. The Police told me that someone had complained about some housebreaking in the area. The Police left after checking us.

4 About 20 minutes later, I went to the void deck of the block of flats where I have kept the container of petrol. After retrieving it, I went to join Ah Huat who was at the car park. I handed the container to him and he left with it. Before he left I reminded him to wait for me at the place hear to the market we went to moments earlier. We went separately to the wet market. I got onto my bicycle and rode to the said market. Ah Huat had left earlier on his bicycle for the place. The petrol was with him. When I arrived at the market, I saw Ah Huat already at the premises standing in between the stalls that had Lunar New Year stuff on sale. Ah Huat had already opened the cap of the container....

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5 cases
  • Iskandar bin Muhamad Nordin v Public Prosecutor
    • Singapore
    • High Court (Singapore)
    • 4 Noviembre 2005
    ...[2001] 2 SLR (R) 515; [2001] 3 SLR 425 (folld) Ng Chiew Kiat v PP [1999] 3 SLR (R) 927; [2000] 1 SLR 370 (folld) PP v Huang Rong Tai [2003] 2 SLR (R) 43; [2003] 2 SLR 43 (folld) PP v Mohamad Zaffinoor bin Mohamad KassimMagistrate's Appeal No 224 of 1999 (folld) PP v Ng Bee Ling Lana [1992] ......
  • Public Prosecutor v Lim Boon Keong
    • Singapore
    • District Court (Singapore)
    • 30 Diciembre 2009
    ...is subsequently retracted, if the court is satisfied that the retracted confession is true and reliable: PP v Huang Rong Tai and Another [2003] 2 SLR 43 at [22]; Lim Thian Lai v PP [2006] 1 SLR 319 at 77 With regard to the accused’s allegation in his “long” statement that his mistake was to......
  • Public Prosecutor v Lim Thian Lai
    • Singapore
    • High Court (Singapore)
    • 13 Julio 2005
    ...need only be satisfied that first, the confession was voluntarily made, and secondly, that it was true and reliable: PP v Huang Rong Tai [2003] 2 SLR 43 at [22]. It is therefore incorrect for the defence to contend that “strong” corroborative evidence of the retracted confession is an essen......
  • Tee Chu Feng v Public Prosecutor
    • Singapore
    • High Court (Singapore)
    • 4 Octubre 2005
    ...than his evidence in court, although it would still have to be considered against the weight of all the evidence: PP v Huang Rong Tai [2003] 2 SLR 43. In the present case, the appellant adduced no evidence at trial to explain why he gave the confessions in P6 and P7, save for the same alleg......
  • Request a trial to view additional results
4 books & journal articles
  • The Judicial Discretion to Exclude Relevant Evidence: Perspectives from an Indian Evidence Act Jurisdiction
    • United Kingdom
    • International Journal of Evidence & Proof, The No. 16-4, October 2012
    • 1 Octubre 2012
    ...[1993] 2 SLR(R) 771 at [13]; Public Prosecutor v Dahalan bin Ladewa [1995] 2 SLR(R) 124 at [29]; Public Prosecutor v Huang Rong Tai [2003] 2 SLR(R) 43 at [27]–[35]. See also R. Pattenden and A. Ashworth, ‘Reliability, Hearsay Evidence and the English Criminal Trial’ (1986) 102 LQR 292 at 32......
  • THE CONCEPT OF VOLUNTARINESS IN THE LAW OF CONFESSIONS
    • Singapore
    • Singapore Academy of Law Journal No. 2005, December 2005
    • 1 Diciembre 2005
    ...(Release, 1973) at 35. 103 UK, House of Lords, Parliamentary Debates, vol 455 at cols 1148 and 1207. 104 Supra n 39, at 256. 105 [2003] 2 SLR 43 at [26]. 106 Supra n 42, at 114. 107 [1990] 90 Cr App Rep 446. 108 [1991] Crim LR 276. 109 [1994] Crim LR 284. 110 [2002] EWCA Crim 1327. 111 Tran......
  • Case Note
    • Singapore
    • Singapore Academy of Law Journal No. 2012, December 2012
    • 1 Diciembre 2012
    ...81 See, eg, Fung Yuk Shing v PP[1993] 2 SLR(R) 771 at [13]; PP v Dahalan bin Ladewa[1995] 2 SLR(R) 124 at [29]; PP v Huang Rong Tai[2003] 2 SLR(R) 43 at [27]–[35]. 82 Andrew Ashworth, “Excluding Evidence as Protecting Rights”[1977] Crim LR 723; David Schwartz, “A Foundation Theory of Eviden......
  • Criminal Procedure, Evidence and Sentencing
    • Singapore
    • Singapore Academy of Law Annual Review No. 2003, December 2003
    • 1 Diciembre 2003
    ...should be treated as less reliable than the investigation statements. 11.77 This approach was confirmed in PP v Huang Rong Tai[2003] 2 SLR 43. On 8 February 2000 and 7 January 2001, two markets were severely damaged by fire. The respondents Huang and XYZ were subsequently arrested by the po......

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