Public Prosecutor v Perumal Naidu Surendra Sean Clinton and Others

• Jurisdiction: Singapore
• Judge: Roy Grenville Neighbour
• Judgment Date: 28 May 2004
• Neutral Citation: [2004] SGDC 129
• Plaintiff Counsel: Deputy Public Prosecutor Tan Wen Hsien and Assistant Public Prosecutor Santhra Aiyyasamy
• Published date: 17 June 2004
• Court: District Court (Singapore)
• Defendant Counsel: SG Kannan,Thangavelu,Jayakumar,Screenivasan and Sunderaj,Rakesh Vasu
• Subject Matter: Criminal Law,Section 148 Penal Code (Cap 224); section 506 Penal Code (Cap 224) and section 20 Miscellaneous Offences (Public Order & Nuisance) Act (Cap 184),Criminal Procedure and Sentencing,Sentencing,Rioting,Previous convictions,whether the Court ought to exercise the discretion to call for a preventive detention report

28 May 2004

District Judge Roy Grenville Neighbour

1 At the commencement of a joint trial, the eight accused claimed trial to the following amended charges namely;

First Accused

[Exhibit P1]

“You

Perumal Naidu Surendra Sean Clinton, male/48 years

NRIC No. S0213924C

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Rajendran s/o Rajagopal, male/37 years, Manogaran s/o Amirpan Ramaiah, male/54 years, Retnam Mohanadas, male/46 years, Natarajan s/o Chinnaiah, m/55 years, Md Anverdeen Basheer Ahmed, male/30 years, Rupesh Kumar, male/28 years, and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal Code (Cap 224).”

Second Accused

[Exhibit P2B]

“You,

Natarajan s/o Chinnaiah, male/55 years

NRIC No. S0929214D

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Rajendran s/o Rajagopal, male/37 years, Manogaran s/o Amirpan Ramaiah, male/54 years, Retnam Mohanadas, male/46 years, Md Anverdeen Basheer Ahmed, male/30 years, Rupesh Kumar, male/28 years, Perumal Naidu Surendra Sean Clinton, male/48 years, and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal Code, (Cap 224).”

Third Accused

[Exhibit P3B]

“You,

Md Anverdeen Basheer Ahmed, male/30 years

NRIC No. S7272193Z

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, together with Rajendran s/o Rajagopal, male/37 years, Manogaran s/o Amirpan Ramaiah, male/54 years, Retnam Mohanadas, male/46 years, Natarajan s/o Chinnaiah, male/55 years, Rupesh Kumar, male/28 years, Perumal Naidu Surendra Sean Clinton, male/48 years, and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons, to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal Code, (Cap 224).”

And

MAC 397/03

[Exhibit P4]

“You

Md Anverdeen Basheer Ahmed, m/29 years

NRIC No. S7272173Z

are charged that you on the 20^th day of October 2001, at about 4.02am, along Prinsep St, Singapore, which is a public place, did behave in a disorderly manner, to wit, by gesticulating with your hands and shouting at the top of your voice, and you have thereby committed an offence punishable under Section 20 of the Miscellaneous Offences (Public Order & Nuisance) Act, Chapter 184.”

Fourth Accused

[Exhibit P5B]

“You,

Retnam Mohanadas, male/46 years

NRIC No. S1237882C

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Rajendran s/o Rajagopal, male/37 years, Manogaran s/o Amirpan Ramaiah, male/54 years, Natarajan s/o Chinnaiah, male/55 years, Md Anverdeen Basheer Ahmed, male/30 years, Rupesh Kumar, male/28 years, Perumal Naidu Surendra Sean Clinton, male/48 years, and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons, to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal Code, Chapter 224.”

And

DAC 2815/03

[Exhibit P6]

“You,

Retnam Mohandas, M/46 years

NRIC No. S1237882C

are charged that you, on or about the 20^th day of October 2001, at or about 4.02 am, along Prinsep St, Singapore, did commit criminal intimidation, by threatening one Oliveiro Marc Christopher, by gesticulating a chopper at him with intent to cause alarm to the said Oliveiro Marc Christopher, and you have thereby committed an offence punishable under Section 506 of the Penal Code, Chapter 224.”

Accused

[Exhibit P7B]

“You,

Rupesh Kumar, male/29 years

NRIC NO. S7423129B

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Rajendran s/o Rajagopal, male/37 years, Manogaran s/o Amirpan Ramaiah, male/54 years, Retnam Mohanadas, male/46 years, Natarajan s/o Chinnaiah, male/55 years, Md Anverdeen Basheer Ahmed, male/30 years, Perumal Naidu Surendra Sean Clinton, male/48 years and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons, to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal Code, Cap 224).”

Sixth Accused

[Exhibit P8B]

“You,

Rajendran s/o Rajagopal, male/37 years

NRIC No. S1702137J

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Manogaran s/o Amirpan Ramaiah, male/54 years, Retnam Mohanadas, male/46 years, Natarajan s/o Chinnaiah, male/55 years, Md Anverdeen Basheer Ahmed, male/30 years, Rupesh Kumar, male/28 years, Perumal Naidu Surendra Sean Clinton, male/48 years, and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons, to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal code, (Cap 224).”

Seventh Accused

[Exhibit P10B]

“You,

Manogaran s/o Amirpan Ramaiah, male/54 years

NRIC No. S0544188I

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Rajendran s/o Rajagopal, male/37 years, Retnam Mohanadas, male/46 years, Natarajan s/o Chinnaiah, male/55 yeas, Md Anverdeen Basheer Ahmed, male/30 years, Rupesh Kumar, male/28 years, Perumal Naidu Surendra Sean Clinton, male/48 years, and Sambalingam T, male/54 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons, to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence punishable under Section 148 of the Penal Code, (Cap 224).”

Eighth Accused

[Exhibit P11B]

“You,

Sambalingam T, male/54 years

NRIC No. S0533118H

are charged that you, on the 20^th day of October 2001, at or about 4.02am, along Prinsep Street, Singapore, together with Rajendran s/o Rajagopal, male/37 years, Manogaran s/o Amirpan Ramaiah, male/54 years, Retnam Mohanadas, male/46 years, Natarajan s/o Chinnaiah, male/55 years, Md Anverdeen Basheer Ahmed, male/30 years, Rupesh Kumar, male/28 years, and Perumal Naidu Surendra Sean Clinton, male/48 years, were members of an unlawful assembly whose common object was to commit affray, and in prosecution of the said common object, you or a member thereof were armed with deadly weapons, to wit, a dagger and a chopper, and you have, by virtue of Section 146 and 149 of the Penal Code (Cap 224), thereby committed an offence u punishable under Section 148 of the Penal Code, (Cap 224).”

At the conclusion of the whole case all the eight accused were found guilty and convicted on the charges preferred against them. Dissatisfied they have all appealed against their convictions and sentences. The first accused and fourth accused are currently serving sentence. The fourth accused is presently undergoing drug rehabilitation. The second, third, fifth, sixth and eighth accused are currently on bail pending appeal.

The Facts

2 The prosecution’s case was that on 20 October 2001, in response to a 999 call (P12) at 9.02a.m that about twenty people were fighting with knives in front of Mr Bean Café, Prinsep Street, (PW8) Inspector Abdul Gafoor bin Idroos and a team of police officers proceeded to the scene. The team comprised (PW1) Senior Staff Sergeant Gurucharan Singh, (PW3) Sgt Mohamed Ameer Bin Mohd Hanifah, (PW4) W/Sgt Rabitah Bte Mohd Sidik, (PW5) Sgt Mohd Sarwani bin Hamsani, (PW6) Sgt Quah Boon Keat, (PW7) Sgt Jasli Bin Johari, (PW9) Sgt Ang Hwee Tat and (PW13) Senior Station Inspector Sajad Hussain Shah.

3 First to arrive at the scene at 4.15a.m in a patrol car were Sgt Mohd Ameer and W/Sgt Rabitah. When they drove along Prinsep Street some people at Mr Bean Café waved them down. The officers were informed that the persons who were involved in the fight were about to leave the scene in a Mercedes Benz motorcar and pointed to the officers where the car was. Immediately, Sgt Ameer drove ahead and overtook the said car. He stopped it and two other cars opposite Sunshine Plaza along Prinsep Street.

4 By the time Sgt Ameer got out of the patrol car, the passengers and the drivers of the three cars had got out of their vehicles and approached him. There were about twelve male Indian persons. These persons began questioning Sgt Ameer why he had stopped them. Sgt Ameer did not give them an answer and requested for their personal particulars. The group refused to provide their particulars...