Public Prosecutor v Ng Kok Peng

• Jurisdiction: Singapore
• Judge: Sarjit Singh
• Judgment Date: 09 February 2011
• Neutral Citation: [2011] SGDC 40
• Court: District Court (Singapore)
• Docket Number: DAC 63597/2009; MA 355/2010
• Published date: 16 February 2011
• Year: 2011
• Hearing Date: 26 July 2010,06 October 2010,14 May 2010,14 April 2010,01 September 2010,18 May 2010,12 May 2010,20 May 2010,13 April 2010,04 October 2010,12 April 2010,13 May 2010,19 May 2010
• Plaintiff Counsel: Shala Iqbal (Deputy Public Prosecutor)
• Defendant Counsel: Chia Boon Teck
• Citation: [2011] SGDC 40

District Judge Sarjit Singh:

The Appellant is Ng Kok Peng. He was charged with an offence under Section 354(1) of the Penal Code Chapter 224 as follows: DAC 63597/2009 “You are charged that you on the 18 of January 2009 at or about 7.45pm, at the 7th floor staircase landing of Woodlands Checkpoint, Singapore, did use criminal force on one victim, female/22 years old, to wit by kissing her lips and squeezing her left breast with your hand, knowing it to be likely that you would thereby outrage the modesty of the said victim, and you thereby committed an offence punishable under Section 354(1) of the Penal Code, Chapter 224.”

Section 354(1) of the Penal Code Chapter 224 provides for imprisonment up to 2 years or fine or canning or any combination thereof.

He claimed trial to the charge. At the end of the trial he was found guilty and convicted. He was sentenced for the reasons stated below to ten months imprisonment term. He now appeals against both his conviction and sentence.

The Prosecution relied on the evidence of the following witnesses: Victim (PW1) female 22 years old. At the material time she was a junior officer with the auxiliary police force AETOS attached to the Woodlands Checkpoint. Muhammad Suhaimi Bin Rashid (PW2). He was a National Serviceman with the Singapore police force attached to the Woodlands Checkpoint. On 18 January 2009, the date of the incident he was performing night duty with the victim. Salwa Bte Ismail (PW3). A police woman Sergeant attached to the Marsiling Police Neighbourhood Post. She recorded the victim’s complaint on 24 January 2009. Mesrawi Bin Rawi (PW4). Auxiliary policeman with AETOS. At the material time he was a team leader holding the rank of Staff Sergeant at Woodlands Checkpoint and he was also the supervisor of the victim. Mohamed Norhan Bin Absul Rahni (PW5). He was holding the rank of a police Station Inspector attached to the Woodlands Checkpoint. He was a team leader and supervisor of the accused person. Mohammed Ghazali Bin Abdul Rani (PW6). He was also attached to the Woodlands Checkpoint. He was the deployment officer for AETOS officers at Woodlands Checkpoint. He was holding the rank of Senior Sergeant. Muhammad Shadiq Bin Mustafa (PW7). Auxiliary policeman with AETOS. Roy Yeo Sock Kee (PW8). He was the Deputy Commanding officer of the auxiliary police force AETOS at the Woodlands checkpoint. He was the most senior AETOS officer holding the rank of Inspector.

(a) The victim joined the auxiliary police force AETOS as a woman police constable and was assigned to work at the Woodlands Checkpoint. Her immediate superior was AETOS officer Sgt Mesrawi (PW4). The AETOS officers were deployed at the Woodlands Checkpoint to work in teams with police officers from the Singapore Police Force. The victim said that she knew the accused because she was assigned to work sometimes in the accused’s team. The accused was the assistant team leader of his team. (b) The victim on 18 January 2009 arrived for work at Woodlands Checkpoint at 6.30pm. She went to the 7th level of the Woodlands Checkpoint building to collect her weapon from the armoury. After collecting her weapon she spoke to Sgt Mesrawi (PW4) because she wanted to apply leave the following day i.e. on 19 January 2009. In her testimony she said (at pages 4 and 5 of the NE):

“I spoke to Sergeant Mesrawi for leave because I got invitation from Singapore Police Force Bravo for a function. I had first a conversation with him. He told me that he could not grant me any leave because he was not able to give me leave. I was working on 18 Jan and I asked him for leave the next day, 19 Jan. He told me to get a replacement officer. When he said that to me I took his hand and beg him to grant me leave. He still ask me to get a replacement officer. When I was having conversation with Sgt Mesrawi, nobody join in. The Accused did speak to me on 18 Jan 09. The Accused spoke to me when we were close to ending the conversation between myself and Staff Sergeant Mesrawi. When Accused spoke to me Sergeant Mesrawi was around. The Accused asked me to smoke cigarettes. He came there and invited me to smoke cigarettes. I am a smoker. The Accused is a smoker also. Apart from 18 Jan 09, I have gone with Accused to smoke. Before 18 Jan 09, I and the Accused have gone to smoke for about two times. On 18 Jan 09, I went with Accused to smoke with him. When the two of us went off to smoke it was after 7.00pm. I and the Accused went to the staircase at 7th level to smoke.”

(c) At the 7th level staircase of the Woodlands Checkpoint building the victim testified (pages 6 and 7 of the NE):

“On 18 Jan 09, the Accused was smoking at the staircase but he smoke from my cigarette. We shared the same cigarette. When both of us were smoking on the 7th level, we talk about work. He like to joke with me and asked me why I was not working with Charlie team for a long time. I said I don’t know to him. When both of us were smoking, I saw Muhd Shadiq (Identified). I know Muhd Shadiq because he is landlord’s son. I rent a room in his parents flat. I know Muhd Shadiq since July 2008. Muhd Shadiq and I are close. We are friends. On that day when I and Accused were smoking I saw Muhd Shadiq. When I saw Muhd Shadiqu from the place I was seated I called him. I told Accused that this is my friend and I stay at the same flat as him. After that nothing else happen. Muhd Shadiq left the place. On 18 Jan 09, I was smoking with Accused for about 10 minutes. When I finish smoking from the photos P8(i) I descended the stairs. He was in front of me. He then hold both my shoulders and brought me to the back of the door and he kissed me on my lips. After which he continued conversation with me. He said just a while. He then pressed my shoulder harder and brought me to a different direction. He touch both my shoulders and brought me to a different direction. See P9(i) after which he continued to kiss me and squeeze my left breast. I could not struggle much. I push him a bit. He stopped after that. I told him that he has gone over the limit and I went to the door.”

(d) After the accused molested the victim, the victim left and proceeded to the 4th level of the said building where she said that (Page 8 of the Notes of Evidence):

“I wash my face and wash my mouth because I find his action disgusting.”

(e) The victim after washing herself reported for her night shift duty. She was on duty with Mohd Suhaimi (PW 2). In the course of performing her duty she told Mohd Suhaimi (PW 2) that the accused kissed her lips and squeeze her left breast. Mohd Suhaimi advised her to make a police report but she said she felt embarrassed as it affected her dignity and she also did not want to spoil the accused’s rice bowl. (e) The next day, 19 January 2009, the victim did not report for work although she was on duty. She took medical leave. But in the evening of 19 January 2009 she went for a function organised by the SPF Bravo team. She met Mohd Suhaimi (PW 2) there and he asked the victim whether she has reported the molest incident. The victim told Mohd Suhaimi that she did not because she wanted to forget the matter. (f) On 20 January 2009 the victim reported for work but did not meet or see the accused. On 21 January to 24 January 2009 she did not report for work because 21 January 2009 was her rest day and she was on leave from 22 to 24 January 2009. (g) The victim informed the court that she told Mohd Shadiq (PW7) about the molest incident between the 19th to 24rd January 2009. She could not recall the exact date. She told Mohd Shadiq (PW7) that the accused kissed her and squeezed her left breast. Mohd Shadiq advised her to lodge a police report. (h) On 24 January 2009 the victim got in touch with her AETOS deployment officer staff Sergeant Ghazali (PW6). According to the victim (Page 11 and 12 of the Notes of Evidence):

“On 24 Jan 09, I sent a sms to my Staff Sergeant Ghazali. In the sms I recall that I wanted to extend my leave. I also told him that I wanted to talk to him about something confidential. In the afternoon, I met him at the coffeeshop in Woodlands. I told him that I want to extend my leave. He told me that he wanted to know the reason. I told him that it was confidential and did not wish to tell him. Then I asked him to transfer me to AETOS, ICA. He insisted on knowing the reason. I decided to tell him that I was molested. I told him that the molester was police officer but did not give him any name. I also told him that I do not wish to report to the police. I said please I do not wish to report to the police. As I do not wish to lodge police report, he decided to call my Inspector at AETOS. He called Inspector Roy. He told Inspector Roy what I had related to him. After that Inspector Roy told him to bring me to the nearest Police Station. I still did not wish to go. Sergeant Ghazali told Inspector Roy over the phone. After that I do not know the conversation between Ghazali and Inspector Roy was all about. After that, Inspector Roy told Ghazali to wait and he will come over to the coffeeshop. Inspector Roy came down to the coffeeshop at Woodlands where Ghazali and I were. I did not tell Inspector Roy anything but I said I was molested. I did not tell Inspector Roy who molested me. When I told Inspector Roy from what I know Inspector Roy called Singapore Police Force Woodlands Checkpoint Commander. He told me that the Commander told him to bring me to the nearest police station. He said that it is a must to make a police report. Sgt Ghazali, Inspector Roy and I went to Woodlands Police Station to lodge report. On 24 Jan 09, I told police the name of officer who molested me. I told the Investigating Officer on 24 Jan 09.”

(i) After the victim lodged the police report the Deputy Commanding officer of AETOS Inspector Roy Yeo (PW 8) observed that the victim was crying and mentally distress. He sent her...