Alex Josey - Cold blooded murders

Chong said that Tan Yin Chwee told him that the leaders of the secret societies had decided to kill Dutton, Chia, Tungku, Singham, Cartoon and SA527 (Tan). Tan Yin Chwee said he had been assigned to kill Dutton.

On the night before the uprising there was a cinema show. There one of the ringleaders told Chong that the revolt would shake the whole of Malaysia.

In an effort to discredit witness Liew Woon, Mr Abisheganaden asked if it was true that accused Chia Yeow Fatt had been associating with his wife, So Fah, for years? Witness: Rubbish. Counsel: Are you known as ‘Mighty Mouse’? Judge: Is this relevant? Is it relevant to this case whether he is called ‘The King of Siam’ or ‘Mighty Mouse’? Please don’t waste any more time. I have given you excessive latitude and my patience is running out.

Another counsel persisted: Are you known as ‘Mighty Mouse’, alias ‘The Pimp’? Braga: You came forward to give evidence because you were not happy about this incident? Witness: Out of righteousness I came forward to give evidence, Mr Braga. Out of righteousness. Braga: Why did you do that? Were you unhappy? Witness: They were too cruel.

Quek Hai Cheng gave evidence that Corporal Choo fell while running away from a rioter with a parang. “While he was on the ground I threw my body over him.”

“Why?“

“To save his life. Corporal Choo was a very nice man. He is married with children. I was quite prepared to sacrifice my life for him. Robert withdrew his parang. Choo was carried to the office.”

Quek Hai Cheng, a prosecution witness, was under cross-examination. Counsel: What were you? Quek Hai Cheng: Gangster. Counsel: You belong to 969 Secret Society? Quek Hai Cheng: Yes. Counsel: What were you in the society? Quek Hai Cheng: Fighter. Counsel: Did you ever have fights with them in Changi Jail? Quek Hai Cheng: Yes.

Asked about gangs in Pulau Senang, Quek said there were all sorts of gangs in Pulau Senang… 69, 569, 13 Wonders, the O.A. Group.

Mr Braga asked him the duties of a fighter and Quek replied: “To fight until the enemy runs away.”

Mr Braga suggested that Quek was in fact one of the leading rioters. Quek contemptuously denied this, or that he struck Tailford. “If I had,” he replied, “he would have been dead.” He said that as a gangster he had never killed.

Group 969 was an affiliate to Group 24-969 added up made 24.

The sheer monotony of the evidence, the covering of the same ground by numerous witnesses, irritated Judge and Counsel.

Crown Counsel questioned a witness to establish the time of an incident. Witness: According to my watch it was 2:00 PM. Judge: Next question. Counsel: Now what I want to know is: was it accurate? Witness: I don’t think it was accurate. It was, at the time, under repair. I took it for repair afterwards. Judge: Don’t ask him the make of the watch, please. Counsel: As it pleases you. Judge: Well, it is not as it pleases at all-I am merely extremely angry. This is not finished.

Occasionally there were flashes of humour, but not many. Chua Cheng Hin, a witness (in jail serving a three-year sentence for armed robbery, transferred to Pulau Senang to serve as a records clerk), was complimented by the Judge on his ‘magnificent voice production’. Added the weary Judge: “I only wish that other witnesses can reproduce it. I think you should leave robbery alone, and give your attention to being a drill instructor. You would make a reputation.” The witness smiled: “Thank you very much, my Lord.”

Another witness was asked: “What were they supposed to do after killing Dutton?”

“Escape in boats.”

Goh Kheng Wah, another witness, was asked by Mr Braga whether he had an old grudge against one of the accused. Goh Kheng Wah: No. Mr Braga: There was an incident at Changi concerning a septic tank? Goh Kheng Wah: At Changi I worked as a man who swept the floor, served the people, served them with food. Mr Braga: I suggest the accused asked you to help him in the repair of a septic tank some months ago? Goh Kheng Wah: No. Mr Braga: And you nearly had a fight over it?” Goh Kheng Wah: No.

Interpreter: One of the accused is vomitting, my Lord. Judge: Have him moved and we will adjourn for a moment. Is he unwell? Interpreter: He is Chua Hai Imm. Judge: Take the poor fellow below.

He was taken below. Judge: Get someone to clean it up. Interpreter: I have sent for the sweeper to come. Judge: And with speed.

The man had a pain in his chest. The Court adjourned until the afternoon when a doctor’s chit was produced certifying that he was fit to stand trial. The accused told the Judge that he did not feel so bad, but ‘I’m afraid that when I get the wind the vomit will come out’. Judge: Can you please let me know when he feels it coming on again?

The following day another prisoner was taken ill with stomach-ache. He went downstairs for two minutes to take pills.

Later Tan Kheng Ann said he felt ill and was taken downstairs for five minutes.

Naturally defence counsel set out to discredit prosecution witnesses if they could.

One witness complained he was confused when counsel after counsel asked him the same questions or variations of them. How many were in the mob which attacked? What time was that? Exactly where? What was the time?

“I have no watch,” repeated the witness. “You want me to answer yes, or no, some want me to make guess, to estimate. I am confused.”

Mr Braga asked Low Ah Kow, a former detainee turned settlement staff, whether he took part in the riot. Low had said he was looking after the non-rioters and trying to see who were taking part in the riot. “If I were to take part in the fight all the staff might have been killed, in which case there would have been no witnesses at all.” Judge: Entirely logical; we would not be here either.

On Monday, 9 December, the Judge announced that he had received a note from the prison hospital regarding Chua Hai Imm. He was found to be in a state of hysteria. He was referred to a psychiatrist. The Judge had no option but to adjourn. The Court met the next day when the Judge said he had received a certificate to the effect that Chua would be unable to appear for a week. The Court accordingly adjourned. They met the following Monday. Chua returned, certified fit. But then another man went down, followed by another.

The danger of which Mr Ball had warned, (that a mass trial could collapse if but one single prisoner fell ill) now seriously threatened the proceedings. What should be done?

Crown Counsel suggested that rather than hold up the trial, the Judge should order a discharge not amounting to an acquittal, of the two sick prisoners, and continue with the trial of the others. Judge: You have no authority you can give me in support of that? Mr Francis Seow: I have not been able to find any authority. Mr Ball (on behalf of the two sick men): I cannot find anything in the Halsbury Criminal Law in England in regard to the discharge of the jury partially. My submission is that if Your Lordship pronounces the words, the jury is discharged then, and the jury is discharged in respect of all. Judge: This could go on and this trial will become a farce, which I want to avoid. Mr Ball: If there is an application for an adjournment then Your Lordship ought to discharge the jury and the prosecution should consider whether they should not then have separate trials as we applied for in the first instance. Judge: The same position could arise, not with the same magnitude as this, with only one accused.

The Judge said that in this matter he expected all the counsel to consider the matter carefully. “You are all officers of the court. While you have a prime duty to your clients, you also have a duty to see to the administration of the law. And what we have all got to try to see is that this case shall be concluded in a proper and fair manner.” He adjourned the Court until Wednesday, 18 December.