Brothel owner appeals against death sentence for murdering pimp

[beyond]

SINGAPORE: A brothel operator set to be hanged for murdering a pimp in 2014 had his appeal against conviction and sentence heard on Wednesday (Apr 3), with his lawyer arguing that he had no intention to kill.

Chan Lie Sian, 54, had bludgeoned 35-year-old William Tiah Hung Wai with a 44cm-long dumbbell rod on Jan 14, 2014 over S$6,500 that he believed Mr Tiah had stolen from his pocket while he was asleep.

Mr Tiah, who worked for Chan as a pimp, suffered multiple skull fractures and a brain injury, with bone fragments embedded in his brain.

He was left unconscious on the floor of the illegal brothel in Geylang and taken to hospital more than four hours later, where doctors said he had "zero chance" of survival due to the extent of his injuries.

He died a week later and Chan claimed trial to a charge of murder with the intention of causing death. He was found guilty and sentenced to death in May 2017.

On Wednesday, Chan's lawyer Wendell Wong told the court that his client had no intention to cause death to Mr Tiah, and that his conviction should be at the very most for a different limb of the murder charge, which allows for life imprisonment as an alternative sentence.

The lawyer argued Chan should be convicted instead for culpable homicide not amounting to murder or for voluntarily causing grievous hurt.

HE WANTED TO TEACH THE MAN A LESSON BUT NOT ONE IN DEATH: DEFENCE

Mr Wong told the Court of Appeal that the case was one of a fight between "brothers" that led to "a lesson gone wrong" over money issues.

"Killing was never part of any plan," said Mr Wong. "Chan thought that Mr Tiah stole money from him. The code among 'brothers' demanded accountability, and Chan wanted to teach Mr Tiah a lesson."

Mr Wong said Chan had known Mr Tiah for seven years and treated him like a younger brother. Mr Tiah worked for him as a pimp at the illegal brothel he operated.

"We concede and we tell your honour that he gives no excuses for the fact that he wanted to teach the deceased a lesson albeit even if it was a mistaken lesson about honour among brothers not to steal from each other," said Mr Wong. "But it was not to teach a lesson in death."

The lawyer argued that of the several blows Chan landed on Mr Tiah's head, only one was fatal. 

"Chan's position is that he did not realise that Mr Tiah would die from his injuries - let alone intend to kill Mr Tiah," said the lawyer to a packed court.

Chief Justice Sundaresh Menon, who heard the appeal with Judges of Appeal Andrew Phang and Judith Prakash, said he did not think it was "a fight between equals", as the victim was almost a runner for Chan.

From the pattern of injuries, with Chan standing and continuing "to exercise dominion" over the victim and anyone else who showed up, Chan "very much established himself as the most powerful man in the room", said the Chief Justice.

"I don't think you're going to get anywhere with that, characterising it as a fight between brothers," said Chief Justice Menon.

Appeal Judge Andrew Phang added: "Even in that kind of culture, (where) someone wants to teach the other a lesson, is it necessary to hit the most vulnerable part of the body, which in this case did lead to death?"

The judges also discussed the sequence of blows on Mr Tiah's head. It had not been decided during the trial, nor was there any evidence of which blow had been the fatal one.

"Supposing the mortal blow was the first blow he landed, the fact that he then landed at least five other blows to the head... (it's) deeply disturbing," said the Chief Justice.

In response, Mr Wong said: "If you take out the fatal blow, all the other blows are not fatal. In an array of inferences to be drawn, that he only had the intention to kill, is not the only inference to be drawn. His tooth was dislodged. The young man saw it fit to confront his own boss man and fight back."

Appeal Judge Judith Prakash pointed out that while Chan claimed that his tooth was dislodged, medical reports did not corroborate this.

Deputy Public Prosecutor April Phang said that the blows to the head were not accidental, and that at least six blows were landed on different parts of Mr Tiah's head.

Urging the court to dismiss the appeal, she pointed to "incontrovertible evidence" of Chan viciously hitting Mr Tiah on his head with a metal dumbbell rod at least six to eight times "in a persistent and one-sided attack".

The judges reserved judgment after hearing both sides and a decision will be released at a later date.