A PRIVATE investigator was handcuffed after his stake-out to catch a philandering husband in the act drew the attention of security staff at a nearby embassy.
Mr Simon Sunmugam, 64, is now seeking damages from security firm Certis Cisco Security for alleged wrongful arrest by an auxiliary police officer, Corporal Jacky Chua, 41. He claims Cpl Chua handcuffed his right wrist and forced him to the ground near a bus stop in Stevens Road, bruising his arms, forehead and knee.
His suit in the High Court – where the minimum sum to be sought is $250,000 – is aimed at seeking exemplary damages for the alleged gross affront to his personal dignity and integrity in the incident.
Certis Cisco, defended by Drew & Napier lawyers, is denying the claims and counters that Cpl Chua was performing his duties as an auxiliary police officer, according to court papers filed.
The case is expected to bring under judicial scrutiny for the first time the powers of arrest of an auxiliary police officer and the circumstances when an arrest is justified.
A High Court pre-trial conference was held last week and a further case-management session will convene next month in the run-up to the trial.
Mr Sunmugam is a retired senior police officer who served as a trainer at the then Police Academy and handled the infamous Adrian Lim murders. Lim, a self-styled medium, was executed for the ritual murders of two children aged nine and 10 in 1981.
The alleged incident occurred on March 9, 2009 at about 5pm. Mr Sunmugam was on a footpath near a bus stop to conduct surveillance of a man expected to visit his lover at a nearby apartment block.
According to defence papers filed, Mr Sunmugam was spotted sitting on the pavement in Stevens Close near the Israeli embassy. He had a small black bag. A security staff member asked what he was doing there to determine if he was a threat, as a ranking embassy official was about to leave the premises then.
When Mr Sunmugam refused to reply, the staff member phoned Cpl Chua, who arrived on a bicycle from the embassy, located deep in Stevens Close. Cpl Chua claimed Mr Sunmugam refused to identify himself and instead called him a lowly educated auxiliary police officer who had no right to check him.
Mr Sunmugam also allegedly refused to respond to Cpl Chua’s request to check the bag. Concerned that it might contain weapons, Cpl Chua reached across to inspect it and was allegedly shoved aside by Mr Sunmugam, which caused him to fall.
Cpl Chua said he told Mr Sunmugam that he was obstructing his duties, and that he was under arrest. A scuffle followed and Cpl Chua handcuffed him. The corporal claimed that when Mr Sunmugam complained of pain, he removed the handcuffs and called the police.
Both men suffered cuts and bruises on the hands, arms and knees. Mr Sunmugam had a 2cm abrasion on the forehead.
Mr Sunmugam’s statement of claim filed in court differed from Cpl Chua’s version. According to him, it was his own assistant present at the time, Mr Rasyid Rayes, who called the police.
He said he was restrained by Cpl Chua until police arrived. The incident took place not in Stevens Close, but near a bus stop at the junction of Stevens Road and Dalvey Road. He said Cpl Chua had assaulted and arrested him without reasonable cause and had told him Stevens Road was a sensitive place and he could be a terrorist. He claimed Cpl Chua dragged him to the verge of the footpath and pinned him to the ground with his knee.
He was taken to Singapore General Hospital for treatment. Cpl Chua was treated at Changi General Hospital.
Contacted yesterday, a Certis Cisco spokesman said that “there is no merit in the claim” and it would defend the action vigorously. Cpl Chua has been with the company for 13 years.
