7/20/12 LawNet – Legal Research2/7www.lawnet.com.sg/lrweb/tools.do?subaction=lrLp2ToolsShowPrint&docid=http://plwblg22:9990/…
his chest resulting in the accused falling onto the bonnet of a car which was parked there. Theaccused alleged that as he got up from the car bonnet, the victim spat at him and in response, hepunched the victim. The accused denied approaching the victim in a violent manner and asserted thathe did not assume a boxing stance to challenge the victim to fight. The accused’s brother DW2 TonyChong who was with him as well as his wife DW3 and is sister in law DW4 alleged that they had seenthe incident although DW3 and DW4 were seated at the rear of the accused’s car.
The evidence of the victim PW2 Lim Hwee Shing
5 The victim’s evidence was that on the day of the incident, he was driving his car along basement2 of the Great World City car park towards basement 3. He noticed that the accused’s car which was infront was having difficulties driving past the ramp at basement 2 and while waiting for the accused’scar to move forward, he could hear the vehicle behind him horning persistently. The victim tapped hishorn once to indicate to the driver behind him that he was waiting for the accused’s car to moveforward. After the accused had moved past the ramp, he proceeded to basement 3 and parked his carat a stop sign. The accused’s car was parked in such a way that it was obstructing the victim andprevented the victim from moving his car forward. Subsequently, the accused walked briskly towardshim and shouted at him. The victim wound down his car window and wanted to explain to the accused.The accused then asked the victim why he was horning and why he could not see him trying to drivehis big car round the ramp. The victim tried to explain to the accused that it was the vehicle behind himwhich was horning but the accused refused to listen and kept shouting and hurling vulgarities at thevictm. The victim then wound up his car window as he did not want his daughter and mother in lawwho were inside the car to hear what the accused was saying. The victim decided to alight from his carto reason with the accused as the latter’s car was blocking his car. When the victim came out of hiscar, he turned his body to face the accused. The victim could feel that the accused was very close tohis face as he could feel the accused’s body heat and sweat. As the accused was very close to thevictim, the latter put up his 2 hands to prevent the accused from coming any closer towards him.Before the victim could speak to the accused, the latter was hurling vulgarities at him. The victim couldfeel the accused’s sweat and saliva spitting on his whole face. Once the victim felt that the accused’ssaliva was coming to his mouth, he was angry and asked the accused whether he knew that his salivawas touching his (victim’s) face. The victim stated that at this time, his mouth was full of saliva and inthe process of talking to the accused who was very close to him, his saliva touched the accused’s face.The victim tried to get the accused to be away from his body and in the next instant, the accusedmoved slightly backward and punched the victim on the left side of his face. The punch caused thevictim’s spectacles to fly off and lost balance. The accused got up and shouted at the accused askinghim what he was doing that for. At this stage, the victim’s wife came and held him back while hismother in law rushed forward to try and hold the accused back. After the victim had got up from theaccused’s punch, the victim stated that the accused was still very aggressive and asked him to go tothe side and fight with him one to one. The accused was still shouting and making some movements.The victim’s wife then called the police. While the victim was waiting for the police to arrive, theaccused came to the victim’s car and asked him why don’t they settle the matter peacefully. The victimtold the accused that at this stage, he had already reported to the police and as he was punched, hedid not wish to settle the matter. The victim told the accused that he was going to sue him for theassault. When the victim said that, the accused became angry and challenged the victim to go to thecorner and fight again. The accused was still shouting and aggressive. The victim did not respond. Thepolice arrived eventually and the victim was advised to go to the hospital to examine his injuries. Thevictim had bleeding behind his ear which was swollen and painful. On the next day, the victim’s nosestarted to bleed and was told by the doctor that it was caused by the bursting of the blood vessels inhis nose.
Corroboration of the victim PW2’s evidence
6 The victim’s evidence was corroborated by his wife PW1 Wong Lye Fan, his mother in law PW6Low Kwee Wah and an independent witness who was the driver of the vehicle behind the victim’s car