Driver in Woodlands accident that killed off-duty cop gets 5 weeks' jail
A driver involved in an accident that killed an off-duty traffic police officer was jailed five weeks on Thursday (7 March).
Freddy Toh Hwee Hong, 51, was also disqualified from driving for five years over the incident, which took the life of 21-year-old Muhammad Mundzir Ithnin.
Toh, a property agent, was convicted on 22 January of one count of committing a negligent act that resulted in death after claiming trial to the charge.
On the night of 21 May 2015, Toh was making a discretionary right turn from Woodlands Avenue 2 into Woodlands Avenue 1 while the traffic light was in his favour.
At the same time, Mundzir was travelling on his motorcycle straight along Woodlands Avenue 2 in the opposite direction.
Toh struck Mundzir while making the turn. The latter was conveyed to Khoo Teck Puat Hospital but later succumbed to his injuries.
Video footage shown in court
As part of its case, the prosecution submitted video footage of the incident showing Toh’s car following others in front it in making the turn. However, a white car that was to the left of Toh’s vehicle at the cross-junction did not make the turn.
During the trial, Toh testified that when he arrived at the cross-junction, there were two taxis and a motorcycle in front of him which blocked his view of the opposite side of the road. After the vehicles in front of him moved off, Toh said he inched forward slowly to check the oncoming lane.
He then saw “two lights far far, away” and felt that he had more than enough time to make a right turn. However, after almost finishing the turn, he claimed he saw a bright light approaching him at a high speed.
Toh applied the emergency brake but was unable to prevent himself colliding with the motorcycle. He also claimed that the motorcycle was travelling far above the speed limit.
The prosecution, however, pointed out inconsistencies between Toh’s testimony and the evidence he gave in a statement to the police.
In his statement, Toh claimed that the traffic light showed the green turning arrow in his favour. Toh also said that he had checked and seen no vehicles approaching along the oncoming lane.
Defence called on expert witness
During the trial, the defence had also called on an expert witness who testified that the “cause” of the accident was due to the “excessive speed” that Mundzir had been travelling at.
When he was re-examined on the stand, the expert said that Mundzir was “reckless” for travelling at “extreme speed”.
However, the prosecution pointed out that the evidence was of “poor and dubious quality”, in part because the method employed in obtaining it was subject to errors.
Accused also a grassroots leader
Toh’s lawyer Xavier Lim said that his client remained at the scene for more than three hours. His client also presented himself to the police station at 12.35am, even after allegedly being knocked unconscious during the accident.
Toh had also volunteered as a grassroots leader and has a good driving record, which spans 28 years.
Mundzir’s speed also had a “direct bearing” on Toh’s culpability, suggested the defence lawyer, who added that Toh could have “taken evasive action” if the Mundzir’s speed had been lower.
Lim asked for a high fine or a jail term of one day.
However, Deputy Public Prosecutor Jason Chua pointed out that the Health Sciences Authority did not have enough information to ascertain that Mundzir had been speeding.
Chua sought a jail term of at least six weeks and a disqualification period of at least five years.
District Judge Kan Shuk Weng noted that even though Toh had a good driving record, it was not enough to stave off a short jail sentence given the “grave consequences” of Toh’s negligence.
“That moment of negligence, even it’s just three seconds, was sufficient to take a life,” said the judge.
For committing a negligent act resulting in death, Toh could have been jailed up to two years, fined, or both.
Deceased brother files suit
Separately, in 2017, Mundzir’s brother sued Toh for negligence in the High Court on behalf of his brother’s estate and his parents.
In judgement grounds delivered in October that year, Muhammad Hamdi Ithnin was awarded $104,291.64 in damages, including for funeral expenses and his parents’ loss of financial support.
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