Uncle of man convicted of sexually assaulting maid pleads with judge, says nephew is remorseful
Photo illustration of an assault. (Photo illustration: Ngau Kai Yan)
SINGAPORE: The uncle of a man convicted of sexually assaulting a maid pleaded with a judge against imposing preventive detention on Thursday (Feb 16), saying his nephew is remorseful.
Mark Kalaivanan Tamilarasan, 44, had claimed trial to four charges of aggravated sexual assault, house trespass to commit sexual assault, outrage of modesty and impersonation of a public servant.
He was intoxicated on the afternoon of Jul 15, 2017, when he broke into a flat where the victim was ironing clothes with her employer's bedridden mother next door.
He lied that he was a police officer and demanded her passport, work permit and money before molesting her. He also threatened to punch her before sexually assaulting her.
The maid, who had never seen Kalaivanan before, screamed loudly for help, shouting "tolong, tolong!" Her cries were heard by a neighbouring maid.
Police soon arrived in response to a neighbour's call and found Kalaivanan completely naked. The victim ran towards the police and clung to one of their legs, crying.
In his defence, Kalaivanan claimed that he had met the maid before in a club at Orchard Towers, which he frequented to dance with maids.
He claimed that the sexual encounter was agreed on after the maid asked him to sponsor her special pass for her to remain in Singapore.
The claims were rejected and Kalaivanan was convicted of all four charges, with another nine to be taken into consideration.
On Thursday (Feb 16), parties were in court for sentencing, after a preventive detention report had been called for and prepared.
The prosecution was seeking preventive detention for Kalaivanan, along with caning.
Preventive detention is a harsh punishment that places a recalcitrant offender in jail for seven to 20 years in order to protect the public from the offender.
Defence lawyer Riyach Hussain said preventive detention would be unduly harsh and that his client would be almost 50 plus when released.
Justice Pang Khang Chau took about an hour to deliberate, but when he was about to sentence Kalaivanan, the latter asked to speak.
ACCUSED SPEAKS
He stood up and said he had been remanded for five years and seven months and has "gone through a lot" in this time.He said his relatives were "going through a big time of embarrassment through me" and said he wanted an opportunity from the court to prove to them that "I'm ok, I'm not a menace to anybody".
He said his mother is very old and staying alone, and asked the judge to "please don't give me a harsh punishment".
"I don't want my life to be destroyed, your honour," he said. "Many of my friends, my relatives, my girlfriend, wanted to come (to court), but I don't want them to face the embarrassment of what I'm going through."
Kalaivanan's uncle, who was seated in the public gallery, suddenly raised his hand and asked for permission to address the court.
"My heart is pumping fast," he said. "I just got discharged from NUH (National University Hospital)."
He said he had seen his nephew "for ages" and the latter is showing remorse.
"If you give him PD (preventive detention) punishment, he's just going to break down and life is going to be useless for him," said the uncle.
He said Kalaivanan's mother is a heart patient and has gone through a lot of embarrassment.
"Could you please approve the gag order?" he said. There is no gag order on Kalaivanan's identity.
"We the family have done no crimes to the society of Singapore," said the uncle, turning to look squarely at the reporters in court.
"It's very easy for anyone to write a story of a person's life and tell the whole Singapore. Have you thought for a moment - we are the loved ones? How does the mother feel? She is a woman like any of the women seated here."
He continued to speak, with increasing heat, until the judge told him to stop.
Deputy Public Prosecutor Chew Xin Ying said in response that she "highly" doubts that Kalaivanan is remorseful.
"Throughout the entire trial, he has not demonstrated an iota of remorse," she said. "Even as recently as the preventive detention suitability report in October 2022, he was still found to have a lack of remorse and victim empathy, and has an inability to assume responsibility over his sexual offences."
"His uncle has made reference to his previous convictions in 2002," said Ms Chew. "I do not think he has learnt his lesson."
Justice Pang asked her if remorse "could have developed over the last four months" since the preventive detention suitability report was prepared.
"I doubt it would have developed in four months if it had not developed in five years since 2017," replied Ms Chew.
Justice Pang adjourned the sentencing for a second preventive detention suitability report to be prepared.
