Alex Josey - Cold blooded murders

When the Court reassembled the Judge said he had received two further certificates. They said that the two prisoners would be absent for another week. The Judge said he had come to the very clear conclusion that the Prosecutor’s suggestion was inappropriate. This could go on week after week. An accused feels unwell. The prison doctor sends him to Woodbridge Mental Hospital, and the Woodbridge doctor keeps him for a week’s observation. “If this happened to every one of the accused we could sit here for over a year while the accused go to and from Woodbridge. The position would be a complete farce. What has been exercising my mind is how to plug the hole. What do you suggest?” Mr Francis Seow: My Lord, may I suggest we send them all down to Woodbridge. My application is that the accused be remanded in custody for observation by the psychiatrist. Judge: That would take months. Mr Francis Seow: The psychiatrist says a year. Judge: What do you suggest-that we sit and simply go into cold storage for a year?

Mr Seow eventually asked for the jury to be discharged in respect of all the accused because of the illness of some of them.

Mr Ball opposed this. “It would be unfair and improper for persons to have to stand 16 days’ trial and then, for a reason which is quite beyond their control, to have their jury discharged and be obliged to stand another trial at a later date.” He asked the Judge to direct the jury to acquit some of them before the jury was discharged. Judge: On what grounds do you suggest that the jury should discharge some of the accused, and in which case, which accused, Ball? Mr Ball: Well, I should say all my accused, naturally. Judge: Are you making this application seriously, Mr Ball? Mr Ball: I think it is my duty to do so. Judge: I should like some authority on this. On what grounds do you suggest I should discharge your clients, or the jury should acquit them? Mr Ball: On the grounds that serious injustice would be done if the jury is discharged at this stage, after 16 days of trial and for no reason of their own.

The Judge thought the application completely without merit. The rest of the defence counsel addressed the Judge. They all opposed the discharge of the jury except Mr Suppiah, who did not object. Mr Francis Seow: You have discretion under section 191 of the Criminal Procedure Code to discharge the jury… Judge: Section 191 applies only to where one accused or two or three accused went sick and cannot stand trial; then of course the jury will be discharged. But here we have, say, 57 accused perfectly fit and they want their fates decided. Two have fallen by the wayside. We can either wait, adjourn, or we can go on without them. What you are asking me to do is to discharge the jury from this case though there are 57 accused ready and willing to be tried. I don’t think I can do it… If it happens again, the accused must be brought here with the doctor. I shall have the doctor put in the witness box and I shall question him myself. I am not going to accept his certificates any further. I shall require the doctor’s personal presence. As I say, I am not going to have this trial jettisoned or sabotaged. It is going on if we sit for a year. I hope I have made that clear to everybody-to the accused and their counsel? Mr Seow your application is overruled. The case will proceed. You must decide what you are going to do with the two absent accused.

Mr Seow asked for a week’s adjournment. Mr Ball opposed the adjournment. Before making his decision, the Judge ordered the prison doctor and the director of Woodbridge Hospital to be brought before him immediately after the lunch break.

Dr S.K. Leong said he examined Lim Thiam Huat. “I was told at the hospital that he had suddenly turned mad.” The doctor said he examined him and found that his general condition was satisfactory. He was shouting and yelling and his whole body was covered with excreta. He had poured a pot of his own excreta over himself. “I gave him an injection to calm him down and advised a transfer to Woodbridge for observation.” Questioned by the Judge as to whether it was a genuine case or not, the doctor said he was not prepared to say. For one reason, he was not qualified to judge. As for Khoo Geok San, he was found lying on the floor in his cell-same symptoms. He was very excited and he was mumbling. Judge: Can you tell me if this was done deliberately or whether it was as a result of something he was suffering from? You cannot help me? Dr Leong: I do not think so. Judge: Doctor, I must impress upon you. You must look upon this with the greatest care. You see we are trying here a number of accused persons. And if this trial is being held up-it may be perfectly proper-but I have to be satisfied that it is being properly held up. The only people who can help me are people like you, and presumably Dr Wong. I must try to get to the root of this matter. If it is held up through illness, perfectly proper. And if it is feigned it has got to be stopped and I am going to stop it. Judge (to Dr Wong): Now doctor, we are engaged on a very serious and arduous trial and my duty is to see that it is conducted fairly, according to law, without let or hindrance and I am determined to see that it shall be. Dr Wong: Lim Thian Huat was malingering. It was feigned insanity. He will be sent back tomorrow. I can let you know about Khoo Geok San by Friday.

The Court adjourned until Monday.

All the accused were in the dock again on 23 December, Dr Wong having sent back Khoo with a certificate that he feigned insanity and was fit to stand trial. The Judge addressed the Court and told the accused again that they might be able to delay the trial, but tried they would be, and according to law. He also warned counsel that it was not their duty to sit back with a complacent smile while this sort of conduct was undertaken by clients. It was their duty to advise their clients. If by their silence they sat back and allowed this conduct to continue, they would have to take the consequences. Mr Ball: Your Lordship seems to have said something gravely reflecting on the conduct of counsel in this case, and I for my part, if I may, respectfully protest to that, especially as to any manner of demeanour. If there has been anything improper in my demeanour I apologise, of course, but I really must protest because I have not. Judge: Mr Ball, you said last week, when we were arguing on the question of what had to be done, that it was through no fault of the accused here that we were in this position. Now nothing in my view could be more misleading or incorrect. It was entirely due to the conduct of your two clients that we are in the position we are today. I don’t propose to argue any further. Will you please resume your seat.

When the trial re-started again on 23 December suddenly it was noticed that Khoo (alias Stonehead) had fallen asleep. Judge: Sit up properly. Official: He doesn’t want to. Judge: Well, make him. If necessary, tie him. I am not going to have the administration of justice flouted in this fashion.

‘Stonehead’ was duly strapped to the bench on which he sat.

Judge: If others feel so tempted they will be treated similarly. If necessary I will have a guard to each prisoner.

‘Stonehead’ again interrupted the proceedings in the afternoon when Ball said his client felt unwell having had a ‘lumbar puncture’. He was given a chair and told to make himself as comfortable as possible.

Interpreter: Accused has vomitted on the floor. Judge: Now I wonder if he could be asked why he waited until he came up here to do so instead of doing it in the cell below? Please get the amah to have it cleaned up so that we can proceed.

Wong Loke Hai, another witness for the prosecution, said he was a settlement attendant. He admitted that he had been sentenced to eight years in Changi for armed robbery before he became an attendant at Pulau Senang.