Daily Lessons from Life 23 June 2012 - Man who punched and fractured gangster's jaw escapes jail

"Man who punched and fractured gangster's jaw escapes jail - AsiaOne Jun 23, 2012

SINGAPORE - A Singaporean businessman was fined $3,000 on Thursday for punching and fracturing a gangster's jaw.

The Straits Times reported that he was spared a jail sentence as the judge said it was an exceptional case.

Ong Long Hock, 64, had pleaded guilty to causing hurt to Lee Tze Wei, 32, a sales executive.
The incident occurred on Feb 17, 2009 at about 7pm. Ong and his family had drove down to the Punggol Nasi Lemak stall near Tanjong Katong Road.

Ong's daughter-in-law, Delia Chiang Chia Yen, 31, was on the way to queue for food when she was pestered by Lee and his friend.

Claiming to be gangsters, the duo swore at her and her husband. The two men started punching and kicking Ong's son before family members could call the police. A third man also joined in the assault.

Ong tried to break up the fight and was also hit. When the three assailants tried to flee, Ong and his son managed to grab Lee and pin him to the ground. That was when Ong punched him.

"Assaulting him at this point was clearly excessive," said District Judge Toh Yung Cheong, who added that the correct thing to do was to wait for the police to arrive.

But Ong's lawyer, Mr A. P. Thirumurthy, said his client was a victim, reported The New Paper.

Ong told the Shin Min Daily News on Thursday that he had lost five teeth in the fight, and spent $20,000 on dental treatment. He said he joined in the fight after seeing his son's bloodied face and daughter-in-law's shouts for help. His son and daughter-in-law reportedly lost a tooth each.

He says he wished to put the matter behind them and move on.

Lee has also been charged with causing grievous hurt. His case has yet to be heard. "

I am not a legal expert but a lay man and my lay man's sense of justice says the judge has erred. It was an exceptional case as Mr Ong was a victim and defending his family members and himself. That self-proclaimed gangster started it all and were bloodying the victim and his son and daughter-in-law. Yes?

Lessons for me are:

1. while we do not want to promote over-zealous vigilantes, it is important to send a clear message to 'gangsters' that they should NOT expect to get away, which they won't as Lee's case is still to be put on trial, with the victim's getting penalized because they fought back in self-defence!;

2. the victim wants to move on with life and I can appreciate that. At the same time, the laws should invite him to appeal so that a higher court of law can SET the sentence right! That he be fined S$1 and in the sentencing report a mention of his courageous act to fight for his family and his right as Singaporeans to go about their ordinary citizens' lives without having to fight off 'gangsters' that harassed and attacked them!;

3. I want to be a judge as I feel that there are a lot of opportunities for me to set precedences even though I have to consider the matter of laws and make reference to earlier precedences. The one who understand the prevailing situation better and be more sensitive would have given the S$1 fine and mention the courageous act of Mr Ong.

Justice must be seen to be served and not just being served! May there continue to be 'Justice for ALL'.