This is an interesting case cause the accused defended himself in court and was accquited. It is rather rare for an accuse to defend without representation, and even rarer for one to get away with the charge. One of the last couple cases included the one-eye-dragon who refused representation but panic when things swung against him. Eventually even the top crimminal lawyer failed to save him and he is now on death row.
This one’s a china national VS another one. The former, Tan, represented himself against the state ADPP and was eventually accquited by the judge. Prosecution then asked for an appeal but eventually dropped it after the judge released his written judgement.
The case : Tan was accused of hitting Cui on the hand with a hammer following a dispute at the workplace. The offense was filed under voluntarily causing grevious hurt. It was said that Cui pushed Tan to the ground and was about to hit Tan when Tan raised the hammer to block Cui’s left hand which resulted in the fracture. Cui filed for damages when Tan could not pay the compensation. Prosecution offered a reduced charge of causing hurt if Tan would plead guilty, but this was rejected and Tan claimed trial.
The trial – Prosecution had 5 witnesses incljuding a doctor, while Tan was offered 1 witness. Initially it was deemed both sides had little inconsistency in evidence. The crux of the whole case came when Cui proposed Tan brought the hammer with him, while Tan and another witness denied and said that the hammer was already there. The judge went along with Tan and agreed that a hammer is a workman’s tool and was not intended to hit Tan with. Also, Tan pleaded to self-defense which the judge said, was to his credit as Tan had clearly set out from the beginning. The judge queried Tan on why he should believe him however, and Tan explained how much he had spent to come to Singapore to work and he did not want the matter with Cui to blow up. Instead Cui got angry and the scuffle broke out consequently. The judge noted a few things about Tan, including his courage of declining the prosecution’s offer.
When crossed examined, Cui also agreed the attacker had used the hammer in self defense. When Tan cross examined the doctor, the latter also conceded the fracture could have been a possible result from a blowi n self defense. Boom. Done deal.
Lawyers agree self defense is very rare and is usually not in the best interest of the defendent. But sometimes the nature of the case is such that the accussed knows the case best and the lawyer is not as intimatly aware of the case as the accussed. This is especially true when the case is largely fact based and no points of law are involved.
My observation is, if it is fact based, why even go to court? It is a straight forward case if no points of law are involed right? Why spend the time and money n waste everyone’s time? One claimed assult, the other claims self defense. In the end, it is conceded that it was in self defense. Why did the prosecution go ahead with the case? Is this a waste of the tax payer’s money? U got a whole bunch of witness who also agreed it could be an injury from self-defense. They fail to prove beyond reasonable doubt that Tan attacked Cui. There was no assult to begin with, it was SELF-DEFENSE. Why did prosecution file the charges as they did? There was nothing to suggest it was an assult, other than the contention that whether the hammer was at the scene, or did the defendent bring it with him. From what I learnt, this would be a hearsay evidence as provided by witnesses and may not be weighed heavily in court. Unless there was some CCTV, that can show and prove beyond a reasonable doubt of either side of the story.
I cannot understand why prosecution filed those charges. I cannot comprehend why it went all the way to court. In fact if I were the judge I will be doing some reprimanding. To Cui, for shoving Tan (the article did not mention if this was rebutted, so I assume it is true as Tan’s testimony was not said to be challenged) first and then allegedly attemping to strike the defendent first. To me, that sounds like YOU DESERVE IT YOU BIG BULLY. If I tried to kick you, and u swung away and I ended up kicking a metal cabinet and fracture my toe, who’s fault is it?
Is that so hard to comprehend? Or am I, as a layman, missing something out from the eyes of the law? Haven’t the police done their investigations? Prosecution can choose not to file charges too right? The way it looks, investigations showed assult, and the prosection agreed with it. Yes, the hammer did strike the hand. That is a fact. There were no evidence, hearsay or otherwise, that it was an action of assult (where I take the hammer and beat you with it). If I shielded myself from your attempted blow and u got injured because of it, yes, your body struck against my object of defense, but is that even assult?
Geez.
