Authors: Alex Josey
Richard James also elected to make a
statement from the dock. Briefly, it was a complete denial of any knowledge of
the plot to kill. He said Augustine told him and the others that he wanted some
help. His friend was involved in some business rivalry and was looking for some
boys to help to assault them. The assault was to take place in his friend’s house.
Ang told him he was prepared to pay them and added that he thought he and his
friend could handle the matter; Richard and his friends were to assist if
requested. “Augustine never told us about killing or getting rid of, or burying
anybody. Neither did he say the job must be clean and quiet. None of us told
him we had a place in Changi with a deep well to bury them ... I do not know of
any such well … Augustine never promised $20,000. He never told us to stand by
on Wednesdays, Fridays and Sundays.”
In the kitchen in the bungalow he heard
sounds of choking and gasping. He saw two bodies lying on the cement floor.
They made no sound or movement. Near the fence was another body. The man was
trying to say something in Chinese and David and Andrew were ‘delivering karate
chops on the man’. Richard said he was very frightened at that time. He saw
Alex Yau going through the gateway and he followed him to the Cortina. They
eventually drove off with the bodies to a dark place where he helped to throw
away the three bodies. On the 31st, Stephen Lee gave each of them $1,000.
Richard said that the statement he gave to the magistrate was not true. He said
he was forced to make it. He never took part in any assault, nor did he tie up
anyone or put a rope round anyone. Augustine never spoke of any killing or
robbery. If he had done, said Richard, he would not have gone along. He really
believed he was going to help to clear up some business rivalry. He never knew
that ‘all this nonsense was going to take place’, and he and his friends were
never told of ‘the intentions to rob or kill’.
Stephen Francis made his statement from the
dock. It was much the same as Richard James’ statement. He said he saw two
bodies lying on the concrete floor and another man near the fence begging for
mercy. Andrew was hitting the man on the neck with karate chops. Augustine was
hitting the man in the face with a round piece of wood. “After that, there was
no sound from that person.” He became very frightened by what he had seen. He
realised that the three persons were dead. David told them their job was to
throw the bodies at Changi. They were frightened and did what David told them
to do. Stephen said that the statement he made to the magistrate was untrue.
“The confession is wrong in various aspects. Augustine never told us that we
had to bury two bodies. He never told us that we must do the job that day. I
also never took part in the assault or the tying up of any person.”
Konesekaram also made a statement from the
dock. It followed the pattern of the others. He completely denied that
Augustine had told him about a murder plot. They were to help in assaulting
some business rivals for which they would be paid. In the backyard he saw Ang
hitting a man with a piece of wood. He saw the other bodies, and he was very
frightened and did not know what to do. “They went to a place in Changi where
the three bodies were thrown away at three different spots.”
As regards his statement, he said: “I was
taken before a magistrate and asked to make a statement. I did not know what it
was for. I was assaulted and forced to see the magistrate. I was not given
proper food at the Central Investigation Department (CID). The statement to the
magistrate is not true. I do not know what I told the magistrate.” Konesekaram
added that if they had known it was Augustine Ang’s intention to rob and kill,
he and his friends would not have gone to the Chous’ place at all.
Stephen Lee also made a statement from the
dock. He said he was educated in a Chinese school and he spoke and understood
little English. He spoke Hokkien, Teochew and Hainanese to members of his
family and friends. If ever he spoke English he spoke only one or two words
mixed with Chinese. His father owned an electrical shop and he assisted his
father in his spare time to sell electrical appliances. On 23 December, he had
a stomach ache and was in the toilet for ‘quite some time’ and knew nothing of
any demonstration. He could not understand what they were all talking about
because they were talking in English. He said that Ang lied when he said that
his job was to disconnect the street lamp.
On the evening of 29 December, he met Ang at
Beng Swee Place. Ang told him Andrew had some trouble and wanted Stephen and
his friends to go and help. They drove off in three cars. At the bungalow they
spoke in English and he did not know what they were talking about. He followed
his friends into the kitchen. He heard the sound of a car arriving. Shortly
afterwards he heard ‘sounds of people fighting, and some groaning, some people
shouting’. Then ‘all became quiet’. He came out of the kitchen. He was very
frightened. To his surprise he saw two persons lying in the backyard. He
thought they were dead. He thought of running away, but he also thought of the
safety of his friends, so he stayed. The bodies were carried into the car. He
was told to follow them. He had no choice but to do so. If he had known what
was going to happen at Chepstow Close he would not have gone to the place. He
could not sleep that night. One or two days later Augustine gave him some
money. “He gave me some money so I accepted it.” Augustine told him to keep his
mouth shut. “I had to accept his money otherwise he would have become
suspicious of me.”
As regards the cautioned statement he made
to Inspector Oh Chye Bee he said that on 6 January about 4:00
pm
. he was given some food and drink.
The inspector produced a document which was already written. “Before asking me
to sign it he said he was going to make me a prosecution witness. He asked me
not to be afraid. So I believed him and signed it. The contents were untrue. As
that was the first time I had been in police custody I did not know the
significance of a statement, cautioned or uncautioned. That was why I was so
easily deceived. Oh Chye Bee has given evidence that I had spoken in English
and that he had taken down my statements in writing. This is totally untrue. He
said he recorded every word I had uttered. From the statement written in
English you can realise what standard of English I have. My English is not as
good as that … The statement was already prepared when I signed it. I did not
know the contents of the statement. It was written in English and not explained
to me. At the time I believed him and now I regret what I have done. I regret I
believed him. On 6 January I had not been charged. Inspector Oh
did not read out the charges to me. Without telling me anything, he asked me to
sign. They did not prefer charges then because they promised to make me a
prosecution witness. I was charged on 7 January.”
He added that between March and April that
year, Oh came to the Queenstown Remand Prison and asked him to sign a document.
He instructed him to backdate it to 6 January. He did not explain the contents
to him. “I did not know how to read it, so that was that. I am saying that I
was deceived by Oh Chye Bee.”
The crux of Andrew’s defence was that he did
not conspire with Ang and the others to kill Ngo, Leong, and Ang Boon Chai, but
that he had actually conspired with Augustine Ang to rob Ngo of the gold. It
was agreed no violence should be used. Ngo and the other two were to be
overpowered, tied up, taken away and kept in some place and later released. All
the necessary arrangements were to be made by Augustine. It was Ang who
attacked and assaulted Ngo and Ang Boon Chai. All he did that night was to put
his hand over Leong’s mouth to prevent him from shouting out until the boys
came out to tie him up. He claimed that the three men were alive when they were
taken from the house.
The crux of David’s defence was that he did
not conspire to kill. He did not take part in the robbery, but agreed to assist
his brother to ‘catch one man’. He also insisted that the three men were still
alive when they were put into the car.
The crux of Peter’s defence was that he did
not conspire to kill. Augustine was to rob some gold merchants and he would
keep the gold for a day.
The crux of Ringo Lee’s defence was that he
did not conspire with Augustine Ang and the others to kill Ngo, Leong and Ang
Boon Chai. He went to the Chous’ house on the night of the 29th because he was
told his help was needed. All he did was to carry the bodies. They were already
dead when they were carried into the Volkswagen.
The crux of Richard James’ defence was that
he did not conspire to kill. He did not assault any person that night. He
helped to throw away the bodies.
Stephen Francis denied that he had conspired
to kill. He said his part in the affair was only to assist in assaulting some
people if asked to do so. He did not take part in any assault that night. He
was told to go with the others to throw the bodies away.
The crux of Konesekaram’s defence was that
he did not conspire to kill. He said his part was to assist in assaulting some
people but that night he did not assault anyone. He went with the others to
throw the bodies away.
The crux of Stephen Lee’s defence was that
he did not conspire to kill Ngo, Leong and Ang Boon Chai. He went to the Chous’
house because Augustine Ang told him that Andrew had some trouble and wanted
him to go and help. He did nothing except help to carry out the bodies.
Concluded the Judges: “We considered very
carefully the evidence against and on behalf of each of the accused separately
and we did not allow evidence which implicated one of them to influence us in arriving
at our decision regarding the others. We also bore in mind that the evidence
given by an accused person in a joint trial of several accused is not evidence
against his co-accused. The main question before us was whether or not the
common object of all the accused and Augustine Ang on the night of 29 December
1971 was to kill Ngo Cheng Poh, Leong Chin Woo and Ang Boon Chai. Now, all the
accused admitted that they were at Andrew Chou’s house with Augustine Ang that
night, but their versions varied as to why they were there … All the accused
also admitted that Ngo, Leong and Ang Boon Chai were attacked and assaulted
that night but they disagreed as to who attacked and assaulted these three
persons … Peter Lim, Alex Yau and Stephen Lee admitted that on Hari Raya Day,
1971, they all went with Fernando Lee, Soo Ah Seng and Anchor to Andrew Chou’s
house and saw Augustine Ang, as alleged by Augustine Ang. Peter Lim admitted
that he brought all these people there. Andrew Chou, David Chou and Peter Lim,
Alex Yau and Stephen Lee admitted that they went with Augustine Ang, Fernando
Lee, Anchor and others to Changi Point on the night of Hari Raya as alleged by
Augustine Ang. Peter Lim admitted that a few days after the visit to Changi
Point he handed a packet of money from Augustine Ang to Fernando Lee. Peter
Lim, Alex Yau and Stephen Lee admitted that some days after Hari Raya, they
went with Fernando Lee, Anchor and Augustine Ang to Andrew Chou’s house, as
alleged by Augustine Ang. Stephen Lee admitted that Fernando Lee had told him
that one of his friends had been detained by the police. Peter Lim admitted
that he was aware that Fernando Lee and Anchor were to be used to assault some
people. Andrew Chou and Peter Lim admitted that they went to Beng Swee Place one
evening early in December as alleged by Augustine Ang, and there they met a
group of people and they all went into a station wagon and drove to Changi,
where the station wagon had a flat tyre. And this was precisely the place where
the dead bodies were later found. Stephen Lee admitted that he was in the
station wagon which belonged to his father. Peter Lim, Alex Yau, Ringo Lee,
Richard James, Stephen Francis, Konesekaram and Stephen Lee admitted that they
went to dump the bodies at Changi.
“We considered again the evidence of
Augustine Ang in the light of the evidence given on oath by Andrew Chou and
David Chou, and the statements made to the Court by the other accused in their
defence and we were convinced in our view that Augustine Ang was speaking the truth.
Augustine Ang had not tried to minimize his part in this conspiracy. He even
admitted that he hit Ang Boon Chai with a piece of wood. He had not tried to
exculpate himself in order to implicate others.
The statement given by Peter Lim to the
Court in his defence varies from the cautioned statement given by him to
Inspector Oh Chye Bee. In his statement to the Court he said that he took no
part whatever in the assault, whereas in his cautioned statement he said that
he and the others kicked and punched the three victims. He said in his defence
that the cautioned statement was prepared by the inspector who asked him to
sign it saying that he was going to be a prosecution witness. We are satisfied
that Peter Lim was the author of the cautioned statement and that it was made
voluntarily. After considering the whole of the evidence in this case we came
to the unhesitating conclusion that his cautioned statement was true.”
The Judges dealt in detail with the
contradictions in evidence given by the other accused in their voluntary
statements given to the magistrates and the police shortly after arrest, and
their verbal statements from the dock. In each instance, the Judges said they
were satisfied that the written statements were voluntarily made and that after
considering the whole of the evidence ‘we came unhesitantly to the conclusion’
that the statements were true. What the seven said from the dock, therefore,
was rejected when it conflicted with the voluntary statements.