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http://lwb.lawnet.com.sg/legal/lgl/rss/supremecourt/65091.html
The victim’s account
19 Because 27 April 2008 was a Sunday, there was no “yard time” for the prison inmates who remained in their respective cells. Sometime around 3.00 p.m., while Iryan, Zameen and the victim were seated in cell 5-55 talking to each other, Iryan suddenly got up, called the victim a braggart and kicked the victim, who was still seated on the floor, in his face[note: 57]. The victim asked Iryan why he was kicked whereupon he was told that he needed to be punished for bragging too much[note: 58]. When cross examined by Iryan as to why he did not retaliate, the victim explained that he did not do so as he was afraid and because he knew, from the previous day’s “sparring” session with Iryan, that Iryan was stronger and could overpower him if he did[note: 59]. As the victim did not want any more trouble, he told Iryan to kick him again to “punish” him[note: 60]. Iryan then went over to the victim and kicked him hard in his left ribs.[note: 61] Despite this second kick however, Iryan remarked that he was still not satisfied[note: 62].
20 At about 5.00 p.m, Iryan told the victim that he was still not happy with him and asked the victim to “find a way to satisfy him”.[note: 63] Iryan and Zameen then asked the victim to go to the toilet area, sit on the modesty wall (a low wall about 0.70m high to provide some privacy for inmates using the toilet) and press the toilet flush continuously so that he could not hear their discussion[note: 64]. This, the victim did for an estimated 15 to 20 minutes[note: 65]. While he was flushing the toilet, he saw one of them approach the “property box” (where they kept their belongings and which was directly behind the modesty wall) and take out a piece of paper[note: 66]. After some time, they called the victim over. He saw ten pieces of folded paper on the floor of the cell. He was asked to choose five[note: 67], told that he had to complete the tasks written thereon and that he would be beaten up if he did not do so. Left with no choice, the victim chose five pieces and put them aside.
21 The victim then opened the five pieces of paper which he did not choose and was “shocked” to see that they contained tasks which included “suck cock, lick balls for 10 minutes”[note: 68], “fuck backside”[note: 69] and “eat shit”[note: 70]. In all, the following things were written on nine of the ten pieces of paper[note: 71]:
(a)
“eat shit”;
(b)
“drink urine”;
(c)
“suck cock and lick balls for 10 minutes”;
(d)
“tie towel and act like a hostess”;
(e)
“Sonic Blastman” (where, like a game in an arcade, the victim, who would be standing, would be punched on the chest and he would have to rate the strength of each individual’s punch on a scale of 1 to 10 without retaliation[note: 72]);
(f)
“sparring”
(g)
“fuck backside”;
(h)
“split legs” (where the victim would be sat down against a wall and his legs pushed back until they were parallel with the wall[note: 73]) ; and
(i)
“blackout”.
The victim’s account
19 Because 27 April 2008 was a Sunday, there was no “yard time” for the prison inmates who remained in their respective cells. Sometime around 3.00 p.m., while Iryan, Zameen and the victim were seated in cell 5-55 talking to each other, Iryan suddenly got up, called the victim a braggart and kicked the victim, who was still seated on the floor, in his face[note: 57]. The victim asked Iryan why he was kicked whereupon he was told that he needed to be punished for bragging too much[note: 58]. When cross examined by Iryan as to why he did not retaliate, the victim explained that he did not do so as he was afraid and because he knew, from the previous day’s “sparring” session with Iryan, that Iryan was stronger and could overpower him if he did[note: 59]. As the victim did not want any more trouble, he told Iryan to kick him again to “punish” him[note: 60]. Iryan then went over to the victim and kicked him hard in his left ribs.[note: 61] Despite this second kick however, Iryan remarked that he was still not satisfied[note: 62].
20 At about 5.00 p.m, Iryan told the victim that he was still not happy with him and asked the victim to “find a way to satisfy him”.[note: 63] Iryan and Zameen then asked the victim to go to the toilet area, sit on the modesty wall (a low wall about 0.70m high to provide some privacy for inmates using the toilet) and press the toilet flush continuously so that he could not hear their discussion[note: 64]. This, the victim did for an estimated 15 to 20 minutes[note: 65]. While he was flushing the toilet, he saw one of them approach the “property box” (where they kept their belongings and which was directly behind the modesty wall) and take out a piece of paper[note: 66]. After some time, they called the victim over. He saw ten pieces of folded paper on the floor of the cell. He was asked to choose five[note: 67], told that he had to complete the tasks written thereon and that he would be beaten up if he did not do so. Left with no choice, the victim chose five pieces and put them aside.
21 The victim then opened the five pieces of paper which he did not choose and was “shocked” to see that they contained tasks which included “suck cock, lick balls for 10 minutes”[note: 68], “fuck backside”[note: 69] and “eat shit”[note: 70]. In all, the following things were written on nine of the ten pieces of paper[note: 71]:
(a)
“eat shit”;
(b)
“drink urine”;
(c)
“suck cock and lick balls for 10 minutes”;
(d)
“tie towel and act like a hostess”;
(e)
“Sonic Blastman” (where, like a game in an arcade, the victim, who would be standing, would be punched on the chest and he would have to rate the strength of each individual’s punch on a scale of 1 to 10 without retaliation[note: 72]);
(f)
“sparring”
(g)
“fuck backside”;
(h)
“split legs” (where the victim would be sat down against a wall and his legs pushed back until they were parallel with the wall[note: 73]) ; and
(i)
“blackout”.
