1. The plaintiff, Yan Jun, sues Attorney General (AG) of Singapore for Wrongful arrest and False imprisonment (Loss of liberty; Physical injuries, Intentional inflictions of emotional distress; economic loss); Defamation; Assault and Battery and the Use of excessive force; Malicious prosecution and Abuse of process. The nature of the incident is intentional tort and the plaintiff requests for general, aggravated and punitive damages.
2. On 19 July 2009, the plaintiff was arrested by two policemen for an offence of Personal Protection Order (PPO) Violation at around 9:30am. He was detained and interrogated in Bedok Police Division until bailed out the next day at around 6:30am. The plaintiff was required to return to the station to answer the bail some one month later. When returned as required, the plaintiff was informed by the police that the bail lapsed. On 5 October 2009, Mr. Lim Shao Liang, a senior investigation officer in Bedok Police Division, informed the plaintiff through email that the Police will take no action against him after consultation with Attorney-General’s Chamber (AGC). The plaintiff requested to Supt GTB the names of the two police officers on 6 March 2013 and followed up on 8 March but hasn't received the answer.
The plaintiff’s account of the incident
3.On the morning on 19 July 2009 in my flat (Simei Street 1, BLK 153, #07-49, Singapore 520153), I quarreled at the kitchen with the Madam YXL, or mother-in-law, over whether a falling lamp should be placed inside the master bedroom or not. I then dialed 999 for assistance in case of possible violence between me and the in-law as happened previously. I then asked the in-law to pass the child, to me and carried the child into the master bedroom and left the door of the master bedroom closed but not locked. I sat in a chair with the child in arms and waited for the police to arrive.
4.Shortly after settled in the master bedroom, I heard the in-law shouted hurriedly and sharply to Madam Liu Tian, that the stove accessories (built-in gas cooker) were removed. After a few seconds, the door of master bedroom was suddenly opened and Madam Liu rushed into the room towards me. When coming up to me, Madam Liu hit for around 10 seconds violently and repeatedly on my head and left face. I hold the baby tight and raised my left hand to protect myself but didn't fight back. If I had fought back, I wouldn't have been able to hold the child tight and the child would have fallen on the ground. I closed the eyes while Madam Liu was beating me.
5.After several beatings, Madam Liu stopped. Immediately, I run out of the master bed room with the child and stood in the dining room next to the main door but Madam Liu remained in the master bedroom. A few minutes later, two policemen arrived, one was a senior Chinese officer and the other was a junior Malay officer. I pointed to the master bedroom and said in Mandarin “She beat me” but they both ignored my report and went directly into the master bedroom. While the officers talked to Madam Liu, I sat in the sofa in the dining room for a while and later passed the child to the in-law. After a while, the officers and the Madam Liu went of the master bedroom into the kitchen but I didn't hear clearly their conversations. I went into the master bedroom and sat in the same chair and waited for my turn to report to the police officer because I had already called the police earlier in the morning.
6.While sitting in a chair, I heard clearly the conversations in the dining room between Madam Liu and the senior police officer about whether the PPO was valid. The PPO they referred to was Expedite Order 1179/2009, or the EO thereafter, issued on Madam Liu’s application on 25 June 2009. The senior officer calculated the days and Madam Liu said hurriedly that “he (me) deliberately did it because he already knew it (the EO was about to expire)”. Then I heard that the senior officer talked to someone on the phone about whether the PPO was valid on that day. After that, all conversations stopped.
7. I waited for a few minutes to ensure that the conversation really stopped and then walked out of the master bedroom. I saw the senior police officer standing by the main door and I said “it was my turn to speak” while walking up to him. However, the senior officer announced firmly that “You are under arrest for breach of Personal Protection Order”. I was shocked and protested immediately by saying “you only heard a one-sided story” but the senior officer’s rebuked me sharply by saying something like “you have rights to remain silent, and what you said will be used against you in court”.
8. I was frightened to explain to the senior officer so asked his permission to put on my jeans and T-shirt and wear my shoes and backpack. After I did so, I stretched out my hands for handcuffing and suddenly the senior officer saw the injuries on my left hand and asked but not questioned “how come” and proceeded to twist my arms behind my back and handcuffed me. I didn't resist in any way.
9. I was led away by two officers down to a police car and forced into the backseat. While in the car, I saw my neighbor walking by so I was sure that she saw me getting into the police car so thought that my image was spoiled. While the senior officer was reporting to someone on the phone outside the car, the junior officer used arm restraints on me inside the car and shortly after I was then brought to Changi General Hospital (or the hospital thereafter). Before I got off, the junior officer used leg restraints on me while I was imaging how embarrassing it would be to walk with police officer’s accompany in front of people in the hospital. I was very reluctant to get off the car but I had no choice but to follow the order. In the hospital, I had to walk step by step with my head up as if I were a martyr because I had to show my innocence. While waited for my turn for the treatment, I noticed nurses, doctors and patients looking at me.
10.In the treatment the doctor asked me how I got injured and I answered that I was beat by my wife. The doctor when asked about my wrongdoing and the senior officer answered “breach of PPO”, and immediately, the doctor said loudly “small injury”. I felt that the doctor deliberately insulted me so I overcame my fear of the senior police officer and answered back by questioning “who pay for the treatment?” The police officer kept silent and the doctor stammered out something like “administrative staff”, in sharp contrast with the confidence he had before his comments on my injury.
11.I was placed in an individual room with the junior officer after the treatment. In the absence of the senior officer, I complained that I was actually the victim of the family violence committed by my wife on 23 June 2009. Suddenly the junior officer asked me “why did you beat her (Madam Liu)? “and I answered in surprise “ I didn't beat her”. The officer added that “According to Women’s Charter, even a scratch will be accounted as beating her.” I answered “No, I didn't beat her.” I saw that the junior officer looked surprised.
12.I was then transported to the Bedok Police Division from the hospital and I remained silence in presence of the senior officer. When the door was opened and I was about to be brought into the division, I saw that the junior police officer hesitated to speak to the senior officer but he didn't do so while the senior officer looked quite confident. In the division, duty officers asked me whether I had been detained previously and I answered no. Subsequently I was photographed, fingerprinted and partially strip-searched. All my possession was searched and kept by the police and I can still recall how eagerly the police officers there searched my wallet and my bag. I felt that I was really a prisoner and how powerless I was because I had to follow their every single instruction no matter whether I could accept it or not.
13.I was only allowed to wear T-shirt and the jeans. All other possession including belt, glasses, socks were all kept by the police. I was placed alone in a big cell and was unable to see anything clear without glasses and I felt extremely hopeless while looking around. I couldn't believe what happened to me as I was the victim of family violence and got injured. I was clear that my wife reported to the police that I beat her so definitely she made a false police report. I started worrying about the child because the child would not be taken care of by his mother if something happened to her. I also worried about what would happen to my family. I was so frustrated that I sat on the ground and later lay my back on the ground to make myself feel comfortable. I was in a state in which I was unable to concentrate on anything including sleeping. The police left one set of food and a cup of water at the edge of the cell. When I used the toilet I noticed that drinking water was designed to come from a hole above the squat toilet. It was disgusting to drink water this way but I had to do so in a cell.
14.A Malay guy was later sent to the cell and we exchanged a few word about PPO. He appeared to be familiar with the patrolling policemen and told me that the judge may not publish severely for first PPO violation. He then lay on the ground and slept but I was unable to go to sleep even if I followed him. Each time I was called out of the cell, I was both handcuffed and foot cuffed and I was particularly unhappy with the foot cuff because they hurt me and made me feel pain. The handcuff was pretty tight and I later suffered numbness around the thumb so had to see a doctor. The symptom lasted around 3 months and then disappeared on its own.
15.I was later interrogated by Investigation Officer C Teo and when I learned it was 1pm I was surprised at my lost the sense of time. I confirmed that I didn't even touch my wife. The first question Mr. Teo asked me is “Are you aware of the PPO (refer to the EO)? “ My answered firmly that “I went to the Family Court on 6th July (or, Return Date) but she (Madam Liu Tian) didn't turn up in court. I also talked to a counsellor in the Family Court on the morning of that day”. Mr. Teo thought for seconds and preceded to inquiry the details of the incident and my particulars. While questioning me, Mr. Teo received a call and he answered in mandarin that “He (me) said he didn't beat (his wife) “. I described the incident and answered all questions.
16.In the interrogation, Mr. Teo told me that my version of the incident and my wife’s version were two different stories so I’d better tell him the truth. He asked two details of the incident. Mr. Teo asked whether I fought back and flicked over Madam Liu’s face and left her scratches while she was beating me. I answered desperately that “No, I didn't even touch her”. Mr. Teo told me that “Madam Liu walked away from the master bed room after her assault” and I denied immediately and explained that “I run out of the master bed room with the child in arms as soon as Madam Liu stopped beating me”. I also said when the police arrived I was at dining room next to the main door but my wife was in master bed room. At the end of the interrogation, I read the transcripts and corrected grammar mistakes several times before I signed. I also pointed out that the officer mistook my age as 42 and corrected to 33. Before he left, Mr. Teo asked me that “I asked you one more time whether you beat you wife or not”. I answered firmly that I didn't beat Madam Liu.
17.I was sent back to the cell and was then required to wear only one set of clothes, either T-shirt or the undershirt, which made me realize that it was at night. Despite the Malay guy asked for and was given a blanket, I asked for the same thing but was refused so I had to lie my back down on the cold ground. I was later transferred with the Malay guy to another cell where a group of people arrived a few hours later. I was simply lying down on the ground thinking about what would happened to me until I was called out and was allowed to make a phone call. I finally rang my friend and the police talked to my friend how to get to Bedok Police Division. When I saw my friend at Bedok Station while I was still handcuffed and foot cuffed, I almost came into tears but I managed to hold them back. I was bailed out at around 6:30 on 20 July 2009. I was diagnosed as nerve damage caused by constraints of handcuff later on.
18..At the point I got out of the Bedok Police Division, I was in a state close to mental collapse so I told my friend the whole incident in a Hawker centre nearby. I went to the family Court to check my wife’s attendance on Return Date and was answered that she didn't appear in court. I asked the court for a certification but was refused. I then requested a counselling session and talked to a counsellor what happened to me. I applied for Expedite Order on the same day against Madam Liu Tian (EO 1349/2009) and YXL (EO 1348/2009). I came across Madam Liu Tian on the same day and received the EO she and YXL applied against me.
19.The next day I overcame my fear of the police and sent a message via my mobile phone to Mr. Teo about Madam Liu’s non-attendance to the court and later on wrote in to Bedok Police Division for explanations. I was later told that the case was passed along to Mr. Lim Shao Liang, a senior investigator, who informed me via email on 14 Sept 2009 that the case was reported to AGC. I was frightened again and thought that I would be prosecuted, as a lawyer I consulted told me that he was unable to predict what actions police would take against me.
20.After I returned home, I was angry with what happened to me and stayed restlessly for some one month. I couldn't sit still for a few hours at home unless in sleep and I had to wander around in the street. I consulted with a number of lawyers and even rang the subordinate court but got little assistance. At that time I regularly went to Methodist Welfare Services (Blk 470 Tampines Street 44 #01-194, Singapore 520470) for assistance after my arrest. My family members later said they were scared of me and their fear was confirmed by the counsellor after she and the other counsellor attended the consultation for both I and Madam Liu Tian in late August 2009.
21.In August I felt that the advice from Methodist Welfare Services was not enough and I had to go back my home town in China to meet my family members. When I got back home, all my friends were all surprised at my tired moral and dishelmed appearance. In early September 2009, I returned to Singapore in response to a job offer of a position that I applied for in May 2009.
22.On 5 Oct 2009 I received from Mr. Lim an email saying "with consultation with AG Chambers, we have decided to take no further action against you”. Mr. Lim added in the same email “advised you to refrain from violence against your wife”. On 16 Oct and 29 Oct 2009, I sent email twice to Mr. Lim Shao Liang questioning the validity of the EO and the outcome of their investigation but received no reply.
23.I talked to lawyers and finally inquired AGC through email on 16 March 2012 for the outcome of the investigation of my arrest and on 4 June 2012 AGC explained in email that:
a)On 19 July 2009, police officers were present at Block 153, Simei Street 1, #07-49, Singapore, in response to a telephone call made by you at around 9.02am on that day. At the scene, a complaint was made by Mdm Madam Liu Tian that you had breached an Expedited Order dated 25 June 2009. Pursuant to the complaint, the police officers carried out investigations.
b)Subsequently, upon conclusion of investigations and careful consideration of the matter, the Attorney-General’s Chambers had directed the Police to take no further action against you.
AGC explained further in the email dated on 5 June 2012 that:
a)The Attorney-General’s Chambers is satisfied that, based on the facts and circumstances of the case that were available to the Police on 19 July 2009, there was reasonable suspicion of you being concerned with an offence of Breach of an Expedited Order under Section 65(8) of the Women’s Charter, even though it was subsequently discovered that the Expedited Order against you had been revoked by 19 July 2009.
b)As we have informed in our email dated 4 June 2012, the Police were directed by the Attorney-General to take no further action against you at the conclusion of the investigations, as no offence had been disclosed.
c)We regret the anguish the matter has caused you. The authorities will look into refining the processes to prevent future similar occurrences.
24. On 7 June 2012 at 11:26, the plaintiff questioned in email the satisfaction of AGC on the police’s suspicion of the plaintiff’s arrest. In an email replied on the same day at 18:20, AGC claimed that “Please be informed that we have nothing further to add on this matter.”
...,
Windfall vs. deterrence
110. It is understandable to take large sum punitive damages as a windfall for a plaintiff even with the knowledge that the amount is meant for punishment and deterrence. From a point of view of fairness, the plaintiff would argue it is acceptable and necessary to award punitive damages to function as it is supposed to do. It is clear that the Court is in a conservative position on punitive damages as shown by the cases analysed in earlier discussion. The plaintiff would request the Court to donate directly and anonymously any punitive damages over $200,000, if any, to the state or governmental agencies chosen by the plaintiff.
|
Claims
|
Amount
|
Notes
|
|
Loss
of liberty
|
$60,000
|
General
|
|
$30,000
|
Aggravated
|
|
|
Assault
and battery
|
$15,000
|
General
|
|
Assault
and battery (Humiliation)
|
$100,000
|
General
|
|
Excessive
use of force
|
$10,000
|
General
|
|
Defamation
|
$5,000
|
General
|
|
Intentional
infliction of emotional distress
|
$100,000
|
General
|
|
Economic
loss
|
$7,135
|
non-pecuniary
|
|
Malicious
prosecution, Abuse of process
|
$900,000
|
Punitive
(recommended)
|
|
Total
|
$1,227,135
|
|
Costs:
|
Uses
|
Cost
|
Time
|
|
Medical
treatment for thumb numbness
|
$75
|
25
July, 2009
|
|
Consultation
with Family service centre
|
$60
|
11
Aug, 27Aug and 4 Sep, 2012
|
|
Return
to hometown in Sep 2009
|
$3,000
|
Sep
– Sep 2009
|
|
Lost
earning
|
$4,000
|
July
to Sep 2009
|
|
Total
|
$7135
|
|
