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Did she fall or was she pushed?
This was the question yesterday on the first day of the trial involving a Thai teenager who lost both legs in a train accident.
Nitcharee Peneakchanasak is suing rail operator SMRT and the Land Transport Authority for negligence after she ended up on the tracks at Ang Mo Kio MRT station last year.
The 16-year-old, who wants $3.4 million in damages, claims she was pushed from the platform by jostling crowds and both organisations are at fault for not preventing this.
At the opening of the 15-day trial, she said there was a lot of pushing by waiting passengers which caused her to lose her balance before falling onto the tracks, into the path of an oncoming train.
She also maintained that she was standing behind the yellow safety line on the platform at all times.
But the lawyer for the defendants told the court that security camera footage at the station showed it was not crowded when the accident happened.
Mr Anparasan Kamachi asked to play the video in court. However, Nitcharee said through a Thai interpreter that she did not wish to watch it.
The judge in charge of the trial, Judicial Commissioner Vinodh Coomaraswamy, then told the lawyer to switch it off, saying: “I know it is necessary for you to show the video, but is it necessary for her to view it?”
Mr Anparasan obliged, before turning his attention to Nitcharee’s affidavit after the accident.
In it, she said she had noticed a large group of passengers quickly gathering behind her as the train was approaching the station.
She added that she had also felt other passengers in close contact to her. She then lost her balance and fell to the floor, before landing on the train tracks.
When asked why she lost her balance, Nitcharee said that she could not remember.
Mr Anparasan then referred to a medical report from Tan Tock Seng Hospital, in which the teenager said that she was feeling giddy that day and had accidentally fallen onto the tracks.
He supported his claim with past media reports stating that she had fallen due to giddiness. Nitcharee denied saying that and remained calm throughout the 80-minute cross-examination.
At the end of the first day of the trial, the teenager told The Straits Times through an interpreter that she felt relieved the cross- examination was finally over and she could return to Bangkok today.
When asked why she had requested not to watch the video, she replied: “It’s too traumatising to watch. I saw it once last year and it was too much for me to take.”
Nitcharee came to Singapore to learn English in March last year. She is now a Secondary 3 student in Bangkok. On the day of the accident, she had arranged to meet her friends for lunch at Funan DigitaLife Mall, before heading to East Coast Park.
Nitcharee had prosthetic legs fitted in July last year in Bangkok, and is now able to walk short distances. They were made in Germany and each cost 1 million baht (S$40,000). Part of her $3.4 million claim is to pay for 20 pairs of prosthetic legs that she will need over her lifetime.
The trial continues today.