https://www.todayonline.com/singapo...y_Today-Morning-Brief_newsletter_26032024_tdy
Published March 25, 2024 Updated March 26, 2024
SINGAPORE — When an argument among a few strangers became heated, Muhammed Azfary Abdul Kaha tried to defuse the situation by first holding back two of the men, before pushing a third one.
The man he pushed, Thevandran Shanmugam, 35, fell from a small flight of steps, hit his head on the ground and later died.
On Monday (March 25), Azfary, 28, was sent to jail for about three years and five months, and penalised with a S$4,000 fine, with the sentence enhanced because he committed the offences while out on remission.
This was after he pleaded guilty to a charge of voluntarily causing hurt that resulted in grievous hurt, a charge of voluntarily causing hurt in a separate incident, and a traffic offence.
He drove his friend’s car even though he was disqualified from driving any vehicle due to a past traffic offence.
At about 6am, he met Thevandran for the first time in a bathroom outside the club and the duo struck up a conversation. As the club was closing, the pair walked together towards the Concorde Hotel exit.
Deputy Public Prosecutor Vishnu Menon said that by this point, both of them were “heavily intoxicated”.
At about 6.20am, the duo walked past a group of four men, who were patrons of another nearby club. Thevandran and Azfary spoke with the group, but the conversation soon turned into a quarrel.
Two members of the group, identified as Balamurugan Raja Singam and Abdul Rahman Gani Abdul Azeez, tried to approach Thevandran “aggressively”, but were held back a few times by Azfary and others.
Azfary asked Balamurugan to stay put and told him that he “would handle” Thevandran.
Azfary then walked up to Thevandran, who was standing with his back facing a flight of four steps leading to the taxi stand, and pushed him with both hands.
This caused Thevandran to fall backwards and hit his head against the ground, fracturing his skull.
He became unconscious as he bled from his head.
“Seeing the deceased’s state, Balamurugan told the accused to leave the scene, which the accused did,” DPP Menon said.
Thevandran was taken to Tan Tock Seng Hospital but died 10 days later due to his head injury.
The third charge to which Azfary pleaded guilty — that of voluntarily causing hurt — relates to an incident in September 2022 when he and a few others beat up a man in his 30s along Orchard Road.
DPP Menon said that Azfary had made an “active step” to cause hurt to the deceased by walking up to him and pushing him.
District Judge Shawn Ho pointed out that this happened as Azfary was trying to stop a fight from happening.
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DPP Menon said that the prosecution accepted that Azfary had tried to prevent a fight.
He added: “What we are saying, however, is that it is one thing to be standing with Balamurugan and Gani and stopping them from approaching the deceased. It is another thing entirely to be stepping out from the group and then approaching the deceased and pushing him.”
He also said that there was “just seemingly no reason” for Azfary to push Thevandran.
In mitigation, Azfary's lawyer Lum Guo Rong acknowledged that the accused had acted in a “misguided” manner.
However, he argued that the action was done when the situation was evolving.
At that point in time, Azfary had perceived that it could de-escalate the situation if he pushed Thevandran away, Mr Lum said.
Anyone convicted of voluntarily causing hurt can be sentenced to three years' jail or a fine of up to S$5,000, or both.
For voluntarily causing hurt that results in grievous hurt, a person can be sentenced to a jail term of up to five years or a fine of up to S$10,000, or both.
If found guilty of driving a motor vehicle while under disqualification, an offender can be jailed for up to three years or fined up to S$10,000, or both. A repeat offender can receive double the sentence.
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Jail for man who tried to act as peacemaker in dispute outside Concorde Hotel, but ended up causing man's death
- When an argument among a few strangers became heated, Muhammed Azfary Abdul Kaha tried to de-escalate the situation
- In the process, he pushed a man, causing the person to fall from a small flight of stairs and later die
- Azfary was given a jail sentence of about three years and five months, and a S$4,000 fine
- He pleaded guilty to voluntarily causing hurt that resulted in grievous hurt, and two other offences
Published March 25, 2024 Updated March 26, 2024
SINGAPORE — When an argument among a few strangers became heated, Muhammed Azfary Abdul Kaha tried to defuse the situation by first holding back two of the men, before pushing a third one.
The man he pushed, Thevandran Shanmugam, 35, fell from a small flight of steps, hit his head on the ground and later died.
On Monday (March 25), Azfary, 28, was sent to jail for about three years and five months, and penalised with a S$4,000 fine, with the sentence enhanced because he committed the offences while out on remission.
This was after he pleaded guilty to a charge of voluntarily causing hurt that resulted in grievous hurt, a charge of voluntarily causing hurt in a separate incident, and a traffic offence.
WHAT HAPPENED
The court heard that at about 4am on March 26 last year after work, Azfary drove himself and his friend to a nightclub at Concorde Hotel and Shopping Mall along Orchard Road.He drove his friend’s car even though he was disqualified from driving any vehicle due to a past traffic offence.
At about 6am, he met Thevandran for the first time in a bathroom outside the club and the duo struck up a conversation. As the club was closing, the pair walked together towards the Concorde Hotel exit.
Deputy Public Prosecutor Vishnu Menon said that by this point, both of them were “heavily intoxicated”.
At about 6.20am, the duo walked past a group of four men, who were patrons of another nearby club. Thevandran and Azfary spoke with the group, but the conversation soon turned into a quarrel.
Two members of the group, identified as Balamurugan Raja Singam and Abdul Rahman Gani Abdul Azeez, tried to approach Thevandran “aggressively”, but were held back a few times by Azfary and others.
Azfary asked Balamurugan to stay put and told him that he “would handle” Thevandran.
Azfary then walked up to Thevandran, who was standing with his back facing a flight of four steps leading to the taxi stand, and pushed him with both hands.
This caused Thevandran to fall backwards and hit his head against the ground, fracturing his skull.
He became unconscious as he bled from his head.
“Seeing the deceased’s state, Balamurugan told the accused to leave the scene, which the accused did,” DPP Menon said.
Thevandran was taken to Tan Tock Seng Hospital but died 10 days later due to his head injury.
The third charge to which Azfary pleaded guilty — that of voluntarily causing hurt — relates to an incident in September 2022 when he and a few others beat up a man in his 30s along Orchard Road.
DPP Menon said that Azfary had made an “active step” to cause hurt to the deceased by walking up to him and pushing him.
District Judge Shawn Ho pointed out that this happened as Azfary was trying to stop a fight from happening.
ADVERTISEMENT
DPP Menon said that the prosecution accepted that Azfary had tried to prevent a fight.
He added: “What we are saying, however, is that it is one thing to be standing with Balamurugan and Gani and stopping them from approaching the deceased. It is another thing entirely to be stepping out from the group and then approaching the deceased and pushing him.”
He also said that there was “just seemingly no reason” for Azfary to push Thevandran.
In mitigation, Azfary's lawyer Lum Guo Rong acknowledged that the accused had acted in a “misguided” manner.
However, he argued that the action was done when the situation was evolving.
At that point in time, Azfary had perceived that it could de-escalate the situation if he pushed Thevandran away, Mr Lum said.
Anyone convicted of voluntarily causing hurt can be sentenced to three years' jail or a fine of up to S$5,000, or both.
For voluntarily causing hurt that results in grievous hurt, a person can be sentenced to a jail term of up to five years or a fine of up to S$10,000, or both.
If found guilty of driving a motor vehicle while under disqualification, an offender can be jailed for up to three years or fined up to S$10,000, or both. A repeat offender can receive double the sentence.
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