SCDF ragging trial: Commanders get charges lowered after judge finds prosecution did not prove case on original offences

SINGAPORE: A rota commander and his deputy whose men engaged in a fatal ragging incident, leading to a national serviceman drowning in a pump well, had their charges lowered on Friday (Jul 17) after the trial judge found that the prosecution had not proven its case on the original offences.

Rota commander of Tuas View Fire Station Kenneth Chong Chee Boon, 39, and deputy rota commander Nazhan Mohamed Nazi, 42, had contested a charge each of abetting grievous hurt to NSF Kok Yuen Chin.

This was by their acts of not stopping their men from putting the 22-year-old into a 12m-deep well at the fire station on May 13, 2018, during celebrations to mark his impending Operationally Ready Date.

As there was not enough evidence to prove the case beyond a reasonable doubt, their respective charges were amended on Friday to committing a negligent act to endanger human life.

Asked how they pleaded to the new charges, Nazhan said he pleaded not guilty, while Chong pleaded guilty.

READ: SCDF ragging trial: Judge reserves verdict on commanders' role, asks why other men not charged

Delivering his verdict, District Judge Ong Hian Sun said there were "inherent difficulties with the prosecution's evidence" in proving that the two accused men had the intention to abet the group of servicemen.

"Apart from a general expectation for Corporal Kok to enter the pump well, there was no common consensus among the servicemen as to what the kolam (pump well) activity entailed," said the judge.

He added that the men had carried CPL Kok and placed him by the pump well, showing that they had wanted to give him the option of whether to enter the pump well and how to enter it.

There was no "unity of purpose" to make him enter the well by force, and it was Staff Sergeant Nur Fatwa Mahmood who suddenly pushed him in.

Fatwa pleaded guilty and was sentenced to a year and four weeks' jail in October 2018, and testified during the trial of the two commanders, Chong and Nazhan.

READ: SCDF officer who pushed NSF Kok Yuen Chin into well describes incident he has guilt, nightmares over

While concluding that the evidence was "insufficient to prove the charges beyond a reasonable doubt", Judge Ong said there was nonetheless "a dereliction of duty on the part of the accused persons as rota commander and deputy rota commander to stop the servicemen who were under their charge from proceeding with the kolam activity prohibited by the Singapore Civil Defence Force".

"The safety of all servicemen under their charge should have been of utmost priority. The accused are legally obliged ... to ensure that CPL Kok's life and safety is not endangered while he was on duty," said the judge.

He said the onus fell on both the accused commanders to prevent the kolam activity from being carried out, and failure to do so amounted to "an illegal omission".

He said the trial proceedings had shown sufficient evidence to establish alternative charges against the men: Of doing a negligent act endangering human life by failing to prevent the group of servicemen from carrying out the kolam activity on CPL Kok.

The penalties for this lowered charge are a jail term of up to three months, a fine of up to S$1,500, or both.

The punishments for the original charges for abetting the causing of grievous hurt by a rash act are four years' jail, a S$10,000 fine, or both.

The case was adjourned for further hearings.

The commanders are the last to be dealt with in this case. Fatwa has finished serving his sentence, while Staff Sergeant Adighazali Suhaimi was jailed for one month in December 2018 for deleting incriminating evidence.

First Warrant Officer Mohamed Farid Mohd Saleh, who was found guilty of asking Fatwa to push CPL Kok into the well, was jailed for 13 months in November 2019.