Ram Puneet Tiwary's re-trial begins

[Lee Hsien Tau]

EXCERPTS from the ICQ chat between Mr Tay Chow Lyang (above) and Ms Jasmine Tan:


June 30, 2003

Tan: My eyes so tired liao.

Tay: Finally today is ending for you at least. Mine just started. Sian.

Tan: Me waiting for darling (referring to her then boyfriend and now husband).

Tay: Good lor, later got people sayang you liao... I jealous liao.

Tan: You also got darling, mah.

Tay: I got pooh bear. Round, round, one. (probably referring to his wife)


July 2, 2003: (About Ms Tan getting a medical certificate)

Tay: The doc so good ah?

Tan: Handsome doc see my face means two days...haha.

Tay: Good to know not only I get spellbound by you.

Tan: Don't like that lah.


July 2, 2003: (About photos of Ms Tan in a bikini)

Tan: I have one with a lot less cloth, leh.

Tay: Oh, quick.

Tan: Safe to send?

Tay: Should not be a problem just send.

Tay (after receiving the file): Wah, nosebleed liao.

Tan: Haha. How's my figure there, dear?

Tay: Told you. Nosebleed.

Tan: Keep to yourself, hor?

Tay: Of course. So when do I get to see a real life one?

Tan: Dunno, leh.

Tay: I don't foresee a chance. Lucky got photo.


July 3, 2003

Tay: Why your image keeps popping up in my mind? Wonder if I should print it on my bolster.

Tan: You better don't. Means others will see.

Tay: I always cover my pillow and bolster under my blanket. Just joking. Wait you don't send me new picture of you in bikini. Dunno when I get to see... Maybe next time we go for a swim?

Tan: Difficult. Me sure Poh (Ms Tan's then boyfriend and now husband) want to follow.

Tay: We wait for him to go overseas. Just joking, lor.

Tan: That's a good idea. I await the arrival of that day. Same time I get to try your herbal chicken.

Tay: I stop dreaming liao. Not going to happen... Last night I lay there, imagining the bolster is you.

Tan: Crazy fellow.

Tay: Crazy about you, lah... You are amazing. Can't understand why he hold on to you so tightly... That fellow, he damn lucky.

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Sep 23, 2009
SYDNEY DOUBLE MURDERS RETRIAL
'Tiwary had motive'
By Sujin Thomas

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Tiwary's motive had been his shortage of funds, back rent that his owed one of the dead men and the loss of his Singapore Armed Forces scholarship. --ST PHOTO: BRYAN VAN DER BEEK<br>
</td></tr></tbody></table>


HE had the motive, opportunity, and capacity to commit the cold-blooded murders of his two Singaporean flatmates in 2003.

So said the prosecution in its closing address of the retrial of Ram Puneet Tiwary which is now - after nearly four weeks - in its final stages.

Crown prosecutor John Kiely took pains to lay out arguments to support his case that Tiwary had killed Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, on Sept 15, 2003.

Tiwary, 30, was the only one - aside from the dead men - who was known to have been in the apartment on the day of the murders, he said.

He explained to the 12-man jury that Tiwary's motive had been his shortage of funds, back rent that his owed one of the dead men and the loss of his Singapore Armed Forces scholarship.

The question as to who 'Andrew' was - who had been listed on notes about rent payment found in the apartment - was also raised. Mr Kiely said he was 'invented' by Tiwary to ensure that the rent was split four ways.

E-mail correspondence between Mr Tay and Mr Tan referred to him as Tiwary's friend who was supposed to have moved into the apartment. Tiwary maintained in police interviews that he does not know of such a person.

Mr Kiely also said that both Mr Tay and Mr Tan had no connections with 'undesirable people' who dabble with drugs and alcohol.

He even debunked any suggestion that the killings was the work of an underworld group. The court had earlier heard that Tiwary had proposed to a friend that a mafia group had hit the wrong house.

Getting fired up, Mr Kiely said: 'If it was a killing by an organised crime group, do you think it would be done in the unit with weapons left behind?'




Nothing more than 'a bit of chit-chat'

THE spicy online chat log between murdered man Mr Tay Chow Lyang and his former schoolmate Ms Jasmine Tan was dismissed by the prosecution as being nothing more than 'a bit of chit-chat'.

On Wednesday, Crown prosecutor John Kiely said the suggestion that their relationship could have caused the murders was like 'stretching a long bow'.

Mr Kiely said: 'They might have been good mates but they never got into bed. It would be stretching a long bow to suggest that Mr Poh (Ms Tan's then boyfriend) might have seen those messages.'

On Monday, Tiwary's lawyer Senior Counsel Mr David Dalton tendered 22 pages of online ICQ chat messages painting romantic links between the pair. He had suggested that this may have been motive for the murders.

Police officers on the stand looked stumped when asked by Mr Dalton if they had enquired about any connections Ms Tan and her then boyfriend may have had with anyone in Australia.

'If someone would have been murdered for having a chat, you'd have half of Sydney bludgeoned to death,' added Mr Kiely with a trail of guffaws echoing through the court room.

He also reiterated that Ms Tan and her then boyfriend were in Singapore at the time of the murders even if there was a any 'ramping up' between her and Mr Tay.

Mr Kiely told the jury: 'You can put aside any suggestion that it was Jasmine or Poh.'

 

[TeeKee]

free that bugger, ask him to return to SGP and join the SAF....

then we have a coup de tat on the Hakka Lee Regime...

 

[Lee Hsien Tau]

CNA -

Last pitch from the Defence today before the Judge puts aside his Nintendo Console

SYDNEY: The prosecution has begun its summing up in the trial of Singaporean student Ram Tiwary who is charged with murdering his two flatmates in Sydney, Australia in 2003.

The prosecution spent most of Wednesday explaining to the jury why they should convict Tiwary of bludgeoning to death Tony Tan Poh Chuan and Tay Chow Lyang in the apartment they all shared.

Crown prosecutor John Kiely claimed the defendant had the motive, the opportunity and the capacity to kill the two men.

Tiwary was badly behind with his rent, and Tay was putting pressure on him to pay up.

Apart from financial problems, Tiwary's student life was also falling apart.

He had lodged false exam papers and had not paid the University of New South Wales for his first semester of the year, despite receiving the money from the Singapore army, which was sponsoring him.

Two days before the killings, Tiwary bought the baseball bat, which was used to beat his flatmates to death.

But he knew he could not take on both men at the same time.

So he waited for Tan to leave the flat in order to take Tay by surprise while he was sitting at his computer.

He clubbed him over the head and then waited two hours for Tan to return from the university.

He then attacked the second man, who tried to escape but was overcome by the savagery of the blows, Mr Kiely asserted.

To make sure both were dead, Tiwary stabbed his two flatmates in the neck, the prosecution alleged.

The jury was also reminded how composed the defendant was when he was interviewed by police only a couple of hours after the murders.

He was surprisingly calm in view of what he had just seen.

Yet there were giveaways in the emergency call he made shortly after the killings.

He told the operator his two friends were dead. But how did he know, the prosecutor asked.

The defence is due to begin its final submission on Thursday.

 

[Lee Hsien Tau]

See? I told you they would try to rope in the Triads!

If you give them space, they'll bring samurai swords into the picture.

You mean Red Beret no class?


Home > Breaking News > Singapore > Story

Sep 24, 2009
SYDNEY DOUBLE MURDER RETRIAL
Tiwary had 'motive, opportunity'
Prosecutor also debunks notion that crime was linked to 'mafia group'
By Sujin Thomas

HE HAD the motive, opportunity and capacity to commit the cold-blooded murders of his two Singaporean flatmates in 2003.

So said the prosecution in its closing address during the retrial of Ram Puneet Tiwary which is now - after nearly four weeks - in its final stages. Tiwary is accused of killing Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, on Sept 15, 2003.

Crown Prosecutor John Kiely noted that Tiwary, 30, was the only one - aside from the dead men - known to have been in the apartment on the day of the murders. He argued that Tiwary's motive had been a shortage of funds, back rent that he owed Mr Tay and the loss of his Singapore Armed Forces scholarship.

Mr Kiely told the 12-person jury that both Mr Tay and Mr Tan had no connections with 'undesirable people' who dabbled in drugs and alcohol. He said: 'There were no drugs, no cannabis, no alcohol even. Nothing was detected.'

He debunked any suggestion that the killings were the doings of an underworld group, which the court heard that Tiwary had proposed to a friend, saying that a mafia group had hit the wrong house. Getting fired up, Mr Kiely said: 'If it was a killing by an organised crime group, do you think it would be done in the unit with weapons left behind?'

As to the mysterious car which was said to have picked up Mr Tan after a lecture minutes before he was murdered, Mr Kiely said witness accounts were 'flagrantly different'. One witness, Mr Jonathan Choy, described the car to be an older, white car with two Asians inside. Another student, Mr Sean Murray, said it was a more recent blue model with three occupants.

Mr Kiely said: 'There is not the slightest suggestion that Mr Tan had any fear of those people in the car. There was no compulsion by him to go near the car unless he wanted to.' They may not have come forward because they did not want to get involved or were illegals, he said.

Mr Kiely pointed out that Tiwary had the opportunity to commit the crimes as he claimed to have slept through the attacks, and woken up to find his flatmates dead. There were no signs of a robbery or forced entry into the apartment.

The prosecutor claimed that Tiwary had killed Mr Tay after Mr Tan had left for a lecture at the university. Mr Kiely said: 'There was no way he could take on both of them at the same time. So he split them up and took them on one at a time.'

Mr Tan was attacked when he returned home about two hours later. Mr Kiely said: 'What's a killer doing for two hours in the unit and not checking Tiwary's room? You think he'd be sitting outside watching TV and hoping that Ram Tiwary doesn't catch him?'

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Sep 24, 2009
Ranger cannot act, kenna captured by enemy how?
By Sujin Thomas

Ram Puneet Tiwary's (left) lawyer gave a dramatic performance, calling his client's '000' call to the Australian emergency services: The 'black box' recording of the case. --ST PHOTO: PETER MORRIS


SUMMING up for the defence, Ram Puneet Tiwary's lawyer gave a dramatic performance, calling his client's '000' call to the Australian emergency services: The 'black box' recording of the case.

After playing the seven-minute audio recording in a New South Wales Supreme Court, Senior Counsel David Dalton told the jury: 'Is that acting? It doesn't matter what I think. It just makes me angry.'

'What's gone on in the investigations? This is the real thing. This tape demonstrates - I can't even believe I'm saying it - that he is innocent.'

The fiery start to his closing address came minutes after Crown prosecutor John Kiely finished presenting his arguments on Thursday morning.

Tiwary is accused of killing his two Singaporean flatmates Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, in the Barker Street apartment they shared. All three were students at the nearby University of New South Wales when the murders occured on September 15, 2003.

In the '000' call, made at about 2.20pm that day, Tiwary stuttered and breathed heavily as he explained to the operator what he had seen.

When his call was transferred to another operator, he is heard shouting expletives.

Mr Dalton said: 'You'll pick up his demeanour and how anxious he is particularly when he is transferred. He doesn't know what's going on.'

Later in the call, the operator asked Tiwary if his flatmates are unconscious. He replied: 'There's blood all over. I can't even tell.'

Tiwary then told the operator that he was not stepping outside room while mumbling: 'I should've checked. I didn't.'

Mr Dalton said: 'He realised it was inappropriate of him not to do that. He reflected upon it and then went out.'

 

[Maverick01]

This was my thought too..



Mr Tan was attacked when he returned home about two hours later. Mr Kiely said: 'What's a killer doing for two hours in the unit and not checking Tiwary's room? You think he'd be sitting outside watching TV and hoping that Ram Tiwary doesn't catch him?'[/QUOTE]

 

[Maverick01]

thats the closing defence? it showed nth at all!! I must say this SICK ah neh defence all along very weak....first the ICQ chats then the phone recording...then somemore want link it to underworld...ROTI PRATA STYLE TRULY!!

Home > Breaking News > Singapore > Story

Sep 24, 2009
Ranger cannot act, kenna captured by enemy how?
By Sujin Thomas

Ram Puneet Tiwary's (left) lawyer gave a dramatic performance, calling his client's '000' call to the Australian emergency services: The 'black box' recording of the case. --ST PHOTO: PETER MORRIS


SUMMING up for the defence, Ram Puneet Tiwary's lawyer gave a dramatic performance, calling his client's '000' call to the Australian emergency services: The 'black box' recording of the case.

After playing the seven-minute audio recording in a New South Wales Supreme Court, Senior Counsel David Dalton told the jury: 'Is that acting? It doesn't matter what I think. It just makes me angry.'

'What's gone on in the investigations? This is the real thing. This tape demonstrates - I can't even believe I'm saying it - that he is innocent.'

The fiery start to his closing address came minutes after Crown prosecutor John Kiely finished presenting his arguments on Thursday morning.

Tiwary is accused of killing his two Singaporean flatmates Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, in the Barker Street apartment they shared. All three were students at the nearby University of New South Wales when the murders occured on September 15, 2003.

In the '000' call, made at about 2.20pm that day, Tiwary stuttered and breathed heavily as he explained to the operator what he had seen.

When his call was transferred to another operator, he is heard shouting expletives.

Mr Dalton said: 'You'll pick up his demeanour and how anxious he is particularly when he is transferred. He doesn't know what's going on.'

Later in the call, the operator asked Tiwary if his flatmates are unconscious. He replied: 'There's blood all over. I can't even tell.'

Tiwary then told the operator that he was not stepping outside room while mumbling: 'I should've checked. I didn't.'

Mr Dalton said: 'He realised it was inappropriate of him not to do that. He reflected upon it and then went out.'

 

[Lee Hsien Tau]

Channel NewsAsia - Friday, September 25


Judge summing up today


SYDNEY : In Australia, the New South Wales Supreme Court has been told that the case against Ram Tiwary is based on a flawed investigation.

The Singaporean is accused of killing his two flatmates.

In summing up the case for the defence, Tiwary’s lawyer David Dalton claimed there had been a litany of mistakes in the police investigation.

The video of Tiwary’s arrival at the police station on the day of the murder had been lost.

In addition, there was no sign of Tay Chow Lyang’s blood on the baseball bat or knife allegedly used to kill him, which suggested there might have been another weapon. The defence asked where was that weapon.

The defence also brought up the emergency phone call Tiwary made to the ambulance service. Mr Dalton said that the recorded conversation, which was played to the jury, proved that the defendant was not acting.

The defence lawyer added: "Just listen to Tiwary breathing if you think he is acting.

"The tape demonstrates his innocence as clear as day."

Mr Dalton suggested that if Tiwary had not gone back to the flat to check if the victims were breathing — as asked by the emergency operator — the defendant probably would not have been there.

The defence also ruled out debt being a motive for the murder.

The defence concluded that even if he had owed money, it would not have caused a young man of Tiwary’s character to commit such a crime.

Tiwary, who was on a scholarship to the University of New South Wales provided by the Singapore Army, has pleaded not guilty to murdering his flatmates Tony Tan Poh Chuan and Tay Chow Lyang in September 2003.

The judge is expected to begin his summing up on Friday, with the jury likely to be sent out to consider their verdict on Monday.

 

[Lee Hsien Tau]

The Straits Times (Singapore)
September 24, 2009 Thursday

'Within a few minutes my eyes watered'
Sujin Thomas

WAKING up on Wednesday, I was all set for another day of court reporting, but as I drew back the curtains, I thought I'd been teleported to Mars.

My usually clear view from a hotel in the heart of the central business district was clouded in crimson, the result of a fierce storm which had whipped up sand from Australia's outback.

The first signs of the storm blew in on Monday night when sudden heavy showers and winds hit the harbour city, sending many scurrying for shelter.

By yesterday, the prominent outline of the Sydney Tower - the city's tallest free-standing structure - looked as if it had completely vanished, along with the sun.

The severity of the situation hit me only when I reached the streets minutes later.

People held scarves - or whatever extra fabric was featured on their clothing - against their mouths.

Those who were better prepared wore face masks.

Traffic light junctions were abuzz with chatter about the 'sandstorm' which had appeared from nowhere. There had been no warning signs.

'It's like the apocalypse,' someone was overheard saying in nearby Martin Place.

Having endured bouts of haze over the years in Singapore, and the lingering burning smell that clings to your clothes, I thought this 'storm' would be easier to endure for one simple fact: It was odourless and did not seem to affect me much - or so I thought.

Within a few minutes of being exposed to the dust, my eyes started to water.

It felt as though someone were continually pouring sand into my eye sockets.

Breathing became difficult as I made my way to the Supreme Court, where I was covering the re-trial of Ram Puneet Tiwary - a journey that had seemed effortless only two days earlier.

Inside the courtroom, the judge remarked to the jury: 'I am glad everyone has made it today, despite some rather challenging weather conditions.'

But there was one person missing from the proceedings.

Tiwary's cousin, lawyer Ramesh Tiwary, who was on his way to Sydney from Singapore, had had his flight diverted to Melbourne earlier in the morning.

He did make it in the end, arriving at around noon.

By then, the skies had cleared and the dust had subsided, revealing the city's resplendent blues again.

 

[SamuelStalin]

Channel NewsAsia - Tuesday, September 1

SYDNEY: The re—trial of Singapore student Ram Tiwary, who was earlier convicted of murdering his two flatmates, has begun in Sydney.

Last December, an Australian Court of Appeal overturned the conviction, saying that the trial had been conducted improperly.

Tiwary has pleaded not guilty to killing fellow Singaporeans, Tay Chow Lyang and Tan Poh Chuan, who were studying engineering at the University of New South Wales.

Tiwary, wearing a dark suit in court on Monday, was arrested after the death of his two flatmates who were hit on the head with a blunt instrument and stabbed with a knife in September 2003.

The New South Wales Supreme Court heard that although the case against Tiwary was largely circumstantial, it was not necessarily weak.

Crown Prosecutor John Kiely said Tiwary, who was on a Singapore Army scholarship at the University of New South Wales, told police that he was asleep when he heard shouting outside his bedroom.

When he got up to investigate, he found Tan’s body lying near the front door and Tay’s body behind a couch near the back door. Both had suffered extensive head injuries.

When ambulance officers arrived, they found him shaking and visibly distressed, his hands covered in blood. Police officers also found an aluminium baseball bat in Tiwary’s bedroom.

There are still a lot of unanswered questions in this case, including the identity of two Asian men who were seen in a white car, which Tay climbed into outside the university just before he was murdered.


— CNA/so

Very good. I respect his confidence in pleading not guilty as well. I hope he is acquitted. Those Sporn fucks should die.

 

[SamuelStalin]

EXCERPTS from the ICQ chat between Mr Tay Chow Lyang (above) and Ms Jasmine Tan:


June 30, 2003

Tan: My eyes so tired liao.

Tay: Finally today is ending for you at least. Mine just started. Sian.

Tan: Me waiting for darling (referring to her then boyfriend and now husband).

Tay: Good lor, later got people sayang you liao... I jealous liao.

Tan: You also got darling, mah.

Tay: I got pooh bear. Round, round, one. (probably referring to his wife)


July 2, 2003: (About Ms Tan getting a medical certificate)

Tay: The doc so good ah?

Tan: Handsome doc see my face means two days...haha.

Tay: Good to know not only I get spellbound by you.

Tan: Don't like that lah.


July 2, 2003: (About photos of Ms Tan in a bikini)

Tan: I have one with a lot less cloth, leh.

Tay: Oh, quick.

Tan: Safe to send?

Tay: Should not be a problem just send.

Tay (after receiving the file): Wah, nosebleed liao.

Tan: Haha. How's my figure there, dear?

Tay: Told you. Nosebleed.

Tan: Keep to yourself, hor?

Tay: Of course. So when do I get to see a real life one?

Tan: Dunno, leh.

Tay: I don't foresee a chance. Lucky got photo.


July 3, 2003

Tay: Why your image keeps popping up in my mind? Wonder if I should print it on my bolster.

Tan: You better don't. Means others will see.

Tay: I always cover my pillow and bolster under my blanket. Just joking. Wait you don't send me new picture of you in bikini. Dunno when I get to see... Maybe next time we go for a swim?

Tan: Difficult. Me sure Poh (Ms Tan's then boyfriend and now husband) want to follow.

Tay: We wait for him to go overseas. Just joking, lor.

Tan: That's a good idea. I await the arrival of that day. Same time I get to try your herbal chicken.

Tay: I stop dreaming liao. Not going to happen... Last night I lay there, imagining the bolster is you.

Tan: Crazy fellow.

Tay: Crazy about you, lah... You are amazing. Can't understand why he hold on to you so tightly... That fellow, he damn lucky.

It is true that this loser does not have a success with women. This conversation shows it.

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Sep 25, 2009
'CSI not thorough woh!'
By Sujin Thomas


RAM Puneet Tiwary's lawyer told the jury of 'flawed police investigations' in which forensic officers failed to check for saliva in the blood found on his client.

Earlier in the retrial, forensic biologist Virginia Friedman had said that blood could be tested for saliva.

But that was not done in this case.

Senior Counsel David Dalton said: 'The police did not have the forensic lab check for saliva in the blood. It was just another mistake, was it?'

In explaining to police how he ended up with blood on his hands and feet, Tiwary had said that his flatmate Mr Tony Tan Poh Chuan, 27, had coughed up blood onto him when he checked him for signs of life.

Mr Dalton continued with the closing address he began on Thursday with a fiery start.

Tiwary, 30, is accused to brutally bludgeoning and stabbing his Singaporean flatmates Mr Tan and Mr Tay Chow Lyang in the Sydney apartment they shared on Sept 15, 2003. All three were students at the nearby University of New South Wales.

Mr Dalton also touched on the testimonies of three medical experts who had taken the stand, reading through lengthy transcripts of their cross-examination.

All but one had said that Mr Tan could have coughed blood even if he was not breathing or was unconscious.

Forensic pathologist Johan DuFlou said that it was not possible for Mr Tan to have coughed up blood in Tiwary's first trial in 2006.

On the stand this time round, he conceded that it was a possibilty.

 

[Lee Hsien Tau]

Tay Chow Lyang's sister doing attachment at IMH.:p


http://baobaobao.blogspot.com/

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Sep 28, 2009
RAM TIWARY TRIAL
Defence says no back rent
By Sujin Thomas

Senior Counsel David Dalton (left) raised doubt on the interpretation of a police fraud expert of a note found in Tiwary's room, saying that someone giving evidence in a case like this should be very careful in presenting it.


SYDNEY - IN CLOSING his case on Monday, Ram Puneet Tiwary's lawyer challenged the prosecution's notion of back rent as the motive for murder.

Dismissing it, Senior Counsel David Dalton raised doubt on the interpretation of a police fraud expert of a note found in Tiwary's room. He said: 'Someone giving evidence in a case like this should be very careful in presenting it.'

Earlier in the trial, Mr John Fogarty, a trained accountant, took to the stand saying that a handwritten note found in Tiwary's room reflected money he owed his flatmate.

Tiwary, 30, is accused of killing his two Singaporean flatmates, Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan in the apartment they shared on Sept 15, 2003.

In the note, believed to be written by Mr Tay, a series of figures totalling A$5,045 (S$6,190) is reflected next to Tiwary's name. The prosecution had submitted that Tiwary committed the murders as he could not afford to pay Mr Tay the amount.

The arrears went as far back as December 2002 - when Tiwary first moved into the Barker Street flat. Tiwary has maintained in police interviews that the sum had already been paid to Mr Tay.

Mr Dalton said: 'If it was a debt, that would mean Mr Tay carried Mr Tiwary's rent all the way from when he moved in. Why would he do that?'

If it were indeed true, Mr Dalton said that Mr Tay never complained about it to anyone, including his wife. Instead, he made an issue of a previous flatmate's outstanding debt of A$176 in utility bills.

Another handwritten document found in the house reflected a sum of A$1,148 owed to Mr Tay by Tiwary.

Last week, the prosecution closed by telling the jury that Tiwary was the only person, aside from the dead men, known to have been in the house at the time of the murders.

Tiwary had told police that he was asleep and woke up when he heard a commotion outside. There were no signs of a robbery or forced entry into the apartment.

Crown prosecutor Mr John Kiely suggested that Tiwary had killed Mr Tay after Mr Tan had left for a lecture at the university. Mr Kiely said that Tiwary had fabricated his account of what happened when questioned by police.

 

[Lee Hsien Tau]

Circumstantial evidence? Or would you prefer the possibility of lightning hitting the same spot twice?


Home > Breaking News > Singapore > Story

Sep 29, 2009
SYDNEY DOUBLE MURDERS RETRIAL
Prosecution's case built 'wholly on circumstantial evidence'
By Sujin Thomas

Tiwary (left) is accused of killing his two Singaporean flatmates Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, in the apartment they shared on Sept 15, 2003. --ST PHOTO: BRYAN VAN DER BEEK


SYDNEY - OVER four hours on Tuesday, the judge in the retrial of Ram Puneet Tiwary took pains to explain to the jury where their focus should lie in arriving at a verdict.

Justice Peter Johnson honed in on this key point: The prosecution has to prove its case beyond reasonable doubt for Tiwary to be found guilty.

He said: 'Guesswork or strong suspicions are not enough. The real issue is whether he was the one who committed the murders.'

The jury will be expected to return separate verdicts on the two murder charges against Tiwary.

As Justice Johnson spoke, the 12-member jury listened attentively, taking notes and passing glances at Tiwary who sat alone in the dock directly across from them.

Tiwary is accused of killing his two Singaporean flatmates Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, in the apartment they shared on Sept 15, 2003. All three were studying at the University of New South Wales.

The judge also told the jury to rid their minds of any prejudice. 'You must put emotions entirely out of your mind. Approach your task in a dispassionate way without emotion and sympathy,' he said.

He spent time explaining that the prosecution's case relies 'wholly on circumstantial evidence'.

He also touched on the arguments laid out by both sides of the bar table, stressing that the prosecution had no obligation to prove a motive in a criminal trial.

The prosecution claims that Tiwary killed his flatmates over back rent of about A$5,045.

However, motive is an 'issue' in this trial, and it is relevant for the jury to consider in its decision, he said.

Justice Johnson also said that Tiwary is not obligated to give evidence in the trial as he bears no onus of proof.

He said: 'The silence of the accused may not be used against him. You must not speculate what might have been said in evidence if the accused had given it.'

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Oct 2, 2009
Tiwary trial in Sydney
Jury given until Tuesday to reach unanimous decision on whether lightning can strike the same spot twice within a matter of 2 hours
By Sujin Thomas

After 14 hours of deliberation, the jury of the retrial of Ram Puneet Tiwary (left) has still not reached a unanimous verdict. --ST PHOTO: BRYAN VAN DER BEEK


AFTER 14 hours of deliberation, the jury of the retrial of Ram Puneet Tiwary has still not reached a unanimous verdict.

On Friday, the judge proposed coming to a majority verdict instead, in which 11 out of the 12 jurors must reach the same decision.

A majority verdict, which can be ordered only after eight hours of jury deliberation, minimises the possibility of a hung jury.

Both sides of the bar table instead urged Justice Peter Johnson to give the jury more time. A unanimous verdict is ideal as a majority verdict

Crown prosecutor Mr John Kiely said: 'They should have all the time to consider all the evidence. An order for a majority verdict might put them in a position to rush.'

Tiwary is accused of killing his Singaporean flatmates Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, in the apartment they shared on Sept 15, 2003. He faces two murder charges, each carrying a life imprisonment penalty.

Justice Johnson told the New South Wales Supreme Court that he will order a majority verdict if the jury is unlikely to reach a unanimous decision by Tuesday.

The court will not sit on Monday as it is a public holiday in Sydney.

On Thursday afternoon, the jury sent a note to the judge saying: 'Can you please give us some direction to relieve this deadlock?'

No mention was made in court of how many jurors could not agree.

Justice Johnson then ordered a 'Black' direction, which in Australia, is an order for the jury to talk it over before considering their vote if there is a minority holding out.

He said: 'It is often that juries are able to agree in the end if they are given more time to examine the evidence.'

Among the evidence, the jury will have to look into the statements and testimonies of over 50 witnesses, as well as about eight hours of video and audio recordings.

 

[Lee Hsien Tau]

Now just what did Lee Kuan Yew say about Jury Trial v Bench Trial?



Home > Breaking News > Singapore > Story

Oct 6, 2009
Majority decision finds Tiwary still guilty of double murder
By Sujin Thomas

Tiwary faces a penalty of life imprisonment on each of the two murder charges. -- ST PHOTO: PETER MORRIS


THE jury in the retrial of Ram Puneet Tiwary on Tuesday found him guilty by a majority verdict after failing to reach a unanimous decision.

Sentencing is set for Nov 13. Tiwary's lawyers gave immediate notice of appeal.

Tiwary, 29, is accused of killing his Singaporean flatmates Tay Chow Lyang, 26, and Tony Tan Poh Chuan, 27, who were violently bludgeoned and stabbed in the apartment they shared on Sept 15, 2003. He faces a penalty of life imprisonment on each of the two murder charges.

Justice Peter Johnson told the court last week he would order a majority verdict if the jury was unlikely to reach a unanimous decision by Tuesday. This would remove the inconvenience of a hung jury or retrial.

The 12-man jury has been deliberating for more than 17 hours since last Tuesday afternoon before reaching a verdict. A majority verdict can be ordered if the jury cannot come to a decision after having deliberated for at least eight hours. Under such a verdict, a decision can be made if 11 jurors reach a common verdict.

Last Thursday, a note handed to Justice Johnson read: 'Can you please give us some direction to relieve this deadlock.'

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Oct 7, 2009
Guilty again Tiwary to appeal again
By Sujin Thomas

Tiwary was clearly shocked at the verdict, said his lawyer. -- ST PHOTO: BRYAN VAN DER BEEK


SYDNEY - AFTER almost 17 hours of deliberation, Ram Puneet Tiwary was found guilty for a second time on two counts of murder by a jury in Sydney yesterday.

He is to be sentenced on Nov 13.

But the long-running saga, which began in 2003 with the deaths of his flatmates Tay Chow Lyang, 26, and Tony Tan Poh Chuan, 27, looks set to continue for some time yet: Tiwary, 30, is planning to appeal against the verdict, a process which is expected to begin early next year.

In court yesterday, Tiwary's demeanour was markedly different from that in the past five weeks, when he was jovial and engaged in friendly banter with prison officers and his lawyers in court.

As the retrial reached its climax, he stood in the dock with lips pursed and eyes fixed on the jury's foreman, who delivered the 'guilty' verdict.

His lawyer, Senior Counsel David Dalton, later said outside the court that Tiwary was 'clearly' shocked by the verdict.

 

[Lee Hsien Tau]

Home > Breaking News > Singapore > Story

Oct 9, 2009
SYDNEY DOUBLE MURDER RETRIAL
Tiwary 'shocked' nobody believed his crap
Convicted killer's family have been visiting him every day in prison
By Sujin Thomas

Mr Rohit Tiwary says his brother, Ram Puneet Tiwary, had not expected to be found guilty for a second time on Tuesday.


THE family of convicted killer Ram Puneet Tiwary have been visiting him every day since he was found guilty for a second time in a New South Wales Supreme Court on Tuesday.

Tiwary's parents and older brother Rohit, 32, spend about two hours every morning with him in an open-air area within the Parklea Correctional Centre - a maximum security facility about an hour's drive west of downtown Sydney.

On Wednesday morning, the first time they saw him since his conviction, Tiwary was still in a state of shock.

Mr Rohit Tiwary said: 'I think Ram didn't think it would come to this. That was all he said to us.' He said his parents were very disappointed with the verdict and plan to appeal against it through Tiwary's lawyer, Senior Counsel David Dalton. His father is a retired school vice-principal, while his mother is a housewife.

Tiwary was found guilty of brutally killing his Singaporean flatmates, Mr Tay Chow Lyang, 26, and Mr Tony Tan Poh Chuan, 27, in an apartment they shared on Sept 15, 2003. All three had been studying at the University of New South Wales. Tiwary was arrested for the double murder in May 2004.

Earlier in the trial, Mr Dalton told the family that they had a strong case against the prosecution, which hinged its case wholly on circumstantial evidence.