Public Prosecutor v Zackeer Abbass Khan and another

• Jurisdiction: Singapore
• Judge: Mathew Joseph
• Judgment Date: 16 June 2020
• Neutral Citation: [2020] SGDC 138
• Court: District Court (Singapore)
• Docket Number: District Arrest Case No. 934251 of 2015 & Ors (Magistrate’s Appeal No. 9416 of 2020 & 1 Or)
• Year: 2020
• Published date: 30 June 2020
• Hearing Date: 14 February 2019,14 February 2020,28 January 2019,01 February 2017,05 September 2019,09 February 2017,26 January 2019,10 November 2017,10 October 2017,16 August 2017,04 September 2019,04 November 2019,23 April 2019,18 August 2017,11 May 2020,13 February 2019,24 January 2019,06 November 2019,06 September 2019,16 July 2019,02 July 2019,15 August 2017,05 November 2019,11 February 2019,08 February 2017,30 May 2019,03 September 2019,14 August 2017,31 May 2019,25 January 2019,28 May 2019,06 March 2020,29 January 2019,09 April 2020,07 February 2017,17 August 2017,10 February 2017,12 February 2019,25 April 2019,23 January 2019,03 July 2019
• Plaintiff Counsel: Deputy Public Prosecutors Tan Wen Hsien and Claire Poh
• Defendant Counsel: Mr Sarbrinder Singh and Ms Tay Yu E (Sander's Law LLC),Mr Peter Keith Fernando, Ms Kavita Pandey, Ms Reguna Devi Sivaram and Mr Tan Zhi Guo John (M/s Leo Fernando LLC)
• Subject Matter: Criminal Law,Abetment,Criminal Conspiracy,Criminal Procedure and Sentencing,Statements
• Citation: [2020] SGDC 138

District Judge Mathew Joseph: Introduction

Zackeer Abbass Khan’s (“Zackeer”) enmity towards Liakath Ali s/o Mohamed Ibrahim (“the victim”), his former business partner, transcends a long-standing hundred-year-old business rivalry between the neighbouring Zam Zam (“Zam Zam”) and Victory (“Victory”) restaurants. On 22 August 2015, following a complaint to the authorities purportedly made by the victim against Zam Zam’s employees for alleged touting, Zackeer threatened the victim aggressively in Tamil, “in one week, I will do you”. ¹

After making the threat, Zackeer contacted his long-time friend, Anwer Ambiya bin Kadir Maideen (“Anwer”) to procure an attack against the victim. When Anwer refused to participate in the attack directly, Zackeer suggested recruiting a mutual friend and reputed gangster, Joshua Navindran s/o Surainthiran (“Joshua”) for the job. Anwer called Joshua, who agreed to conduct the attack for a fee of $2000.00. Through Anwer, Zackeer specified that the victim had to be “slashed in the face” within a week. Subsequently, on 26 August 2015, Joshua attacked the victim with a knife. As a result, the victim sustained a “5 cm depressed upper lip scar traversing the vermillion border”, ² which is a permanent disfigurement.

However, at the trial, Zackeer claimed that he merely instructed Anwer to inform Joshua to give the victim “a verbal warning”. He denied procuring the attack on the victim. Anwer and Joshua both supported Zackeer in their oral testimonies. Thus, the central issue disputed is a narrow one – whether Zackeer was one of the abettors to the conspiracy, and if so, the scope of the conspiracy.

Having considered all the evidence and the parties’ submissions, I found that the Prosecution had proven its case against both accused persons. Accordingly, Zackeer and Anwer were both convicted after a trial of an offence of abetment by conspiracy to cause grievous hurt with a weapon to the victim under Section 326 read with Section 109 of the Penal Code, (Cap 2008, Rev Ed).

Zackeer, who was 49 years old, was sentenced to a global sentence of 6 years imprisonment and 6 strokes of the cane. Anwer was sentenced to a global sentence of 5 years and 6 months’ imprisonment. No caning was imposed as he was above 50 years old.

Zackeer is now appealing against both his conviction and sentence. He is currently on bail pending the appeal.

Anwer is appealing only against his sentence. He is currently on bail pending the appeal.

Charges

The accused persons claimed trial and were jointly tried on the following charges:

Undisputed Facts

Zackeer is the business owner of a successful restaurant, Zam Zam. Zackeer and the victim were former business partners. In 2005, following a failed business venture, Zackeer was sued. He also felt “cheated” of $80,000 from the proceeds of the sale of the said business. Zackeer held the victim responsible for his misfortunes. Subsequently, the ill will between Zackeer and the victim intensified, when the victim joined Zam Zam’s rival restaurant, Victory. The victim continued to create trouble for Zackeer, by allegedly pulling customers away and reporting his staff to the authorities. Employees of Zam Zam and Victory frequently touted in the vicinity outside their restaurants for customers. Consequently, the police were also frequently in the vicinity to advise employees of both restaurants to refrain from touting along the road.³

The Case for the Prosecution Incident on 22 August 2015

The Prosecution’s case was that Zackeer’s grudge against the victim climaxed on 22 August 2015, when the police approached the employees of both restaurants to advise against touting along the road. Two of Zam Zam’s employees, Koleth Navas (“Navas”) and Koleth Abdul Nasir (“Nasir”), had complained to Zackeer that the victim had reported Zam Zam employees to the police. Prior to the complaint to Zackeer, Navas had earlier threatened the victim Ali stating, “I have your phone---I have your photo in my phone.”⁴ Nasir had also threatened the victim stating, “This last time, should do you but you escaped. This time round, (we) will do you, watch out⁵

Upon hearing the complaint from his two employees, the enraged Zackeer threatened the victim loudly in Tamil “in one week, I will do you”.⁶ At the material time, Zackeer was standing at the entrance of Zam Zam and the victim stood about five to six feet away at Victory’s entrance.⁷ Zackeer also threatened Edikilakath Gazali (“Gazali”), a senior manager at Victory Restaurant and the victim’s boss that he would make it difficult for Gazali to carry on his business. Gazali testified that he was afraid.

Zackeer’s aggressive demeanour and actions were captured on CCTV footage from 7.06pm to 7.08pm in P12, albeit without audio recording.⁸

After being threatened, the victim was afraid. On 24 August 2015, two days after the incident, the victim, accompanied by a colleague, lodged a police report of the incident (P4). This incident therefore formed the subject matter of the criminal intimidation charge.

The Conspiracy to cause Grievous Hurt Zackeer’s personal grudge against the victim

Zackeer was the only conspirator who bore a personal grudge against the victim Ali. Both Anwer and Joshua barely knew the victim.⁹ Zackeer and the victim knew each other for almost 15 years.¹⁰ However, their relationship soured in 2005, following a failed business venture, which resulted in a civil suit. Whilst Zackeer eventually settled this sum through instalments, the victim Ali paid nothing. After the business was sold to Victory restaurant, Zackeer later discovered that the business was sold for $180,000 instead of $100,000. Thus, Zackeer felt that the victim had “cheated him of $80,000” in the sales proceeds. In fact, Zackeer also candidly admitted he “did not have a problem with Victory Restaurant, [he] only had some personal problem with [the victim]”.¹¹

The Conspiracy

The Prosecution’s case rested entirely on the statements of the co-conspirators, Anwer and Joshua, Zackeer’s employee Nasir, and WhatsApp messages between Anwer and Joshua (P27).

A chronology of the key events leading to Joshua’s attack on the victim is reflected in the table below:

Date	Time	Event
22 August 2015	About 7pm	·Zackeer threatens the victim in front of Victory restaurant. The exact nature of the threat was not captured as there was no audio function. However, Zackeer’s aggressive actions at the material time was captured.12 ·Nasir stated that he and Navas had informed Zackeer that the victim had told the police that Zam Zam employees were touting in front of Zam Zam. ·Nasir stated that Zackeer shouted at Ali - “You watch out, I will not let you go. I’ll whack you” 13; “watch out, I will not spare you.”14
10pm	·Zackeer approached Anwer to assist him to teach the victim a lesson. Anwer refused to do the job personally. Zackeer then proposed to Anwer to contact Joshua to do the job. Zackeer specifically told Anwer that there must be a slash on Ali’s face. Anwer felt obligated to Zackeer as Zackeer was helping him with the settlement of some bills at Anwer’s restaurant.15 ·Anwer called Joshua in the presence of Zackeer and informed Joshua of the job. Anwer conveyed to Joshua that Zackeer was willing to pay Joshua for the job.16
23 August 2015	About7pm	·Anwer called Joshua to inform him that Zackeer needed help to “slash” the victim’s face and will pay $2000 in cash for the job. Joshua claimed he had bought a knife because of Anwer’s instructions.17
	8pm	·Joshua met up with Anwer who showed him the victim’s photograph and informed Joshua of the victim’s movements at Victory Restaurant.18 Anwer received the victim’s photograph from Navas, Zackeer’s employee. Anwer paid Joshua $200 as initial payment.19 Anwer deleted the photograph of the victim after Joshua left his restaurant.20 ·Anwer texted Joshua to inform him that the victim finishes work at 9:30pm.21
	9:30pm	·Joshua and his friends went to Victory restaurant. At 9:50pm, they followed the victim but lost him at Little India MRT.
24 August 2015	-	·Zackeer went to Malaysia for a business trip.22 Nasir stated that prior to the trip, Zackeer had repeatedly informed Nasir that he would arrange for the victim to be beaten up.23 Anwer also did not turn up at Zackeer’s restaurant on 24 and 25 Aug.24 ·Anwer called Joshua to check with him if he had carried out the job. Joshua said that he would be carrying out the attack. Joshua played soccer instead. 25
25 August 2015	Evening 9.44pm	·Zackeer went to Malaysia for a business trip.26 ·Joshua called Ramgee to help him to act as a lookout. 27 ·Anwer informed Joshua that the victim was not at Victory Restaurant via What’sapp messages.28 ·Zackeer called Anwer from Malaysia to check if the job had been completed and informed Anwer to get the job done before he returns to Singapore.29
26 August 2015	3pm	·Zackeer returned from his Malaysian trip. Zackeer immediately asked Nasir if he had seen the victim. Nasir confirmed that he had seen the victim. 30
	4:30pm	·Anwer called Joshua to do the job and gave Joshua a new photograph of the victim.31 Anwer told Joshua to get the job done by 26 August 2015 as Zackeer was pressurising him and that the victim may leave the country. Anwer had pleaded with Joshua and Joshua stated he took the request seriously.32
	8pm	·Joshua bought a knife for $4(confirmed in Phoon Huat receipt).33 ·Before the attack, Ramgee ask Joshua if he needed to do the job. Joshua responded that Anwer told him that “one scar will do”. Joshua told Ramgee he needed the money.34 ·Ramgee decided not to inform Joshua when the victim was leaving Victory 35 .
	9:50pm	·Joshua saw the victim and confronted him with Joel at the end of Victoria

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