Public Prosecutor v Sim Chee Keong

• Jurisdiction: Singapore
• Judge: Abdul Rahim B A Jalil
• Judgment Date: 13 November 2001
• Neutral Citation: [2001] SGDC 353
• Published date: 19 April 2005
• Court: District Court (Singapore)

Between

Public Prosecutor ... Appellant

And

Sim Chee Keong ... Respondent

Citation:	MA No. 238 of 2001/01
Jurisdiction:	Singapore
Date:	2001:11:13
	2001:08:08; 2001:07:31; 2001:07:20
Court:	Subordinate Courts
Coram:	Abdul Rahim Jalil, District Judge
Counsel:	Dr R D Gangatharan for the prosecution
	Raymond K C Yeo (Koh Ong & Partners) for the accused

Judgment

GROUNDS OF DECISION

The accused person, Sim Chee Keong, claimed trial to the following charge:

You, Sim Chee Keong, male 32 yrs old, NRIC No. S 6835745D, are charged that you, on the 22nd day of December 2000 at about 7.06 am, along Bukit Timah Expressway, being the driver of motorcar SBQ 6564L, did cause the death of one Chan Chin Choon, male 54 yrs old, rider of motorcycle FK 570S, by doing a negligent act not amounting to culpable homicide, to wit, failed to have proper control of your motorcar causing it to skid and collide with motorcycle FK 570S resulting in the death of the said Chan Chin Choon, and you have thereby committed an offence punishable under section 304A of the Penal Code, Chapter 224.

2. At the end of the trial, I ordered the accused person be acquitted and discharged of the charge. The Public Prosecutor now appeals against the order.

Case for prosecution

3. At about 7.09 am on 22^nd December 2001, Police Sergeant Lim Chun Hwee was informed of a traffic accident along Bukit Timah Expressway (‘BKE’) near the junction with Kranji Expressway (‘KJE’). Together with Police Sergeant Goh Choon Seng, they proceeded to the scene and arrived there at about 7.15 am. They preserved the scene until the arrival of the Investigation Officer, Senior Staff Sergeant Zainal Shah from the Traffic Police Department.

4. Zainal Shah arrived at the scene at about 9.25 am. He found motorcycle FK 570S and a motorcar SBQ 6564L at the scene. The accused, who was the driver of SBQ 6564L, and his wife, Thia Hwui Foang, were also there. One Chan Chin Choo was lying near a drain. He had been pronounced dead at 8.26 am.

5. Zainal Shah noted the following damage on motorcar SBQ 6564L:

1. Windscreen shattered
2. Front right headlamp smashed
3. Front right fender dented inwards
4. Front grill detached
5. Front number plate broke at the right portion
6. Right side, deep scratches along the sides stretching from the front to the portion consistent with the marks of the guardrail
7. Rear right corner lights smashed.

6. He also noted the following damage to motor cycle FK 570S:

1. Left side, front and rear indicators smashed
2. Right side, rear indicator smashed
3. Right side, wing mirror detached
4. Right side, rear suspension rod bent
5. Rear number plate bent inwards left and right side.

7. Zainal Shah found some damage on the guard rails at the side of the road. He found tyre marks and glass fragments. There were blood stains near where the deceased was lying. He drew the sketch plan (P 31) of the scene. Photographs of the scene (P4 to P30) were also taken.

8. According to Zainal Shah, it was raining ‘moderately’ when he arrived at the scene. The road surface was wet, visibility was clear and there was clear flow of traffic.

9. Zainal Shah recorded two statements from the accused. The accused had no objection to the two statements being admitted in evidence. The first statement (P 35) was the long statement given by the accused on 22^nd December 2000. The statement is as follows:

Q: What do you know about the facts of this case?

1. I am the driver of motor car SBQ 6564 L (silver Proton Saga) that was involved in this accident. I am the owner of this car. It is insured under my name. My wife Thia Hwui Foang female 28 years old, was the side passenger of my car at the time of accident.
2. On the Friday 22 Dec 2000 at about 6.50 am, my wife and I left home. I intended to send her to her workplace at Science Park Drive at North Buona Vista Road. At about 7.05 am, I was driving my car along the right most lane of Bukit Timah Expressway towards the direction of Pan Island Expressway. Somewhere just before KJE exit, the stretch of road is a four lane expressway. I noted that suddenly I saw a gold coloured car on my front left side. It was very near my left headlamp and it suddenly switched lanes to the right without any signals. When it was in my lane (ahead) of my car, I can only see the top rear portion of that car. Immediately after that I saw the brake light at the rear windscreen lighted. I applied hard braking at the same time I turned my steering wheel to the left. Upon braking, my steering became very light the car started to skid to the left. I tried to correct it by turning the steering to the right but to no avail. The car continue to skid to the left and I sensed that it was facing the oncoming traffic.
3. Whilst my car was skidding (facing the traffic) I saw something coming towards me, landed on the windscreen and it was thrown off at the right side. (This could be the rider of the motor cycle who was involved in this accident). I felt my car moved backwards and suddenly the windscreen shattered just before it stopped.
4. When the car finally stopped, it was facing the traffic. The font right corner of my car is at the guardrails. It was slanted at the road shoulder. As my door cannot be opened, I climbed out through the shattered windscreen. Then a motorist pointed me to a motor cycle lying on the road (left side) at the rear of my car. Soon after coming out, I proceed to the drain just behind the guardrails. I saw a male Chinese lying face up in the drain. The helmet was already at the side of the drain. I saw two motorists, jumped into the drain to assist the person. I believe that he could be rider of the fallen motor cycle. When they brought him out, he was mumbling something. They put him beside the drain and waited for the ambulance.
5. Earlier I told my wife to contact the police. When the ambulance arrived about 1 and a half hour later, I was informed that the person had passed away.
6. My car was damage at the front right portion and the right side from front to rear. The rear right corner lights also broke. The front right headlamp also broke. Before the accident there was no malfunction on my car.
7. At the time of accident, the weather was raining, road surface wet and slippery, visibility was clear and the traffic volume was moderate. I was travelling at about 80 kmph when the accident occurred. There were a lot of motor cycles on the road at that time. That is all. I do not have any witness to produce at this moment.
8. Further to my statement, I was posed with the following questions:
9. Which lane did the gold coloured car came front?
10. The car came from the 2^nd right lane (next to my lane).
11. Which lane was the motor cycle when the collision occurred?
12. I do not know which lane it was travelling exactly but I am sure that it was somewhere on my left (maybe at the left lane).
13. When the collision occurred, which was your car facing?
14. It was facing the oncoming traffic. I did not notice the motor cycle hitting my car but I am aware of something hitting my windscreen and falling off. Upon impact, my windscreen cracked but did not shatter. It only shattered when my car hit against the guardrails just before it stopped.
15. Did you get the registration number of the gold coloured car?
16. No. I did not have a look at the driver as well.
17. Is there anything that you wanted to add?
18. Earlier along BKE near to SLE exit, there was a motor car flashing its high beam at my car from a distance behind me, as I was driving along the right lane. I then lost sight of the car. I suspect that this was the car that cut into my path causing the accident.

10. The second statement under section 122(6) of the Criminal Procedure Code (P 36) was given by the accused on 10^th April 2001. In that statement the accused stated:

Dear Sir,

I feel very sorry for what have happened on the 22^nd Dec 2000, causing loss to a person life.

I have taken a loan of $20,000 for this accident car one month before the accident, even now, I still have to pay for it. With this accident I will loss my driving licence and maybe my job too. Furthermore, I am supporting my 2 parents alone. Currently, I am feeling very sorry and sad, I also having big finance problem to pay up the car loan, support the family, and having loss of my present job, or having a pay cut as I will not be driving.

I wish that the fine to be lower as I am heaving problem in paying up another huge amount.

Lastly, I feel very sorry again for what I have done. I understand that it its impossible to request not to remove my driving licence, but I still need to wish, and hope that, please do not remove my driving licence if possible.

Sorry for what I have caused.

The defence

11. The accused testified that on the day in question at about 7.06 am he...