Public Prosecutor v Kamsari bin Jumari: Rape and Molestation Case

In Public Prosecutor v Kamsari bin Jumari, the High Court of Singapore acquitted Kamsari bin Jumari on June 5, 2000, of two charges of rape and one charge of molestation against his 15-year-old daughter. The court, presided over by Judicial Commissioner Choo Han Teck, found the daughter's testimony unconvincing and noted inconsistencies in her police report, raising reasonable doubt about the accused's guilt. The accused denied all charges.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused acquitted and discharged on all three charges.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Kamsari bin Jumari was acquitted on charges of raping and molesting his daughter due to doubts about the complainant's testimony and inconsistencies in her report.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyCharges DismissedLost
Elaine Tan of Attorney-General’s Chambers
Kamsari bin JumariDefendantIndividualAcquittedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Elaine TanAttorney-General’s Chambers

4. Facts

  1. The accused was charged with raping his 15-year-old daughter on two occasions and molesting her on another.
  2. The accused and the daughter's mother were divorced in 1990 or 1992.
  3. The daughter lived with the accused, his sister, and parents.
  4. The accused was in a drug center from 1994 to 1998.
  5. The daughter admitted to having a boyfriend, playing truant, smoking, and engaging in pre-marital sex.
  6. The daughter made a police report 10 days after the alleged incidents, only reporting the rape on November 12.
  7. The accused challenged the admissibility of his statements, alleging they were not made voluntarily.

5. Formal Citations

  1. Public Prosecutor v Kamsari bin Jumari, CC 34/2000, [2000] SGHC 105

6. Timeline

DateEvent
Accused divorced from his wife (approximate year).
Accused was in remand in a drug centre (approximate year).
Accused allegedly molested his daughter.
Accused allegedly raped his daughter.
Accused allegedly raped his daughter.
Police report lodged.
Accused arrested.
Accused's statements recorded.
Accused's statements recorded.
Accused's statements recorded.
Judgment issued.

7. Legal Issues

  1. Admissibility of Statements
    • Outcome: The court ruled that the statements of the accused were not admissible in evidence due to reasonable doubt about their voluntariness.
    • Category: Procedural
    • Related Cases:
      • [1999] 1 SLR 25
  2. Rape
    • Outcome: The court acquitted the accused due to doubts about the complainant's testimony.
    • Category: Substantive
  3. Molestation
    • Outcome: The court acquitted the accused due to doubts about the complainant's testimony.
    • Category: Substantive

8. Remedies Sought

  1. Criminal Prosecution

9. Cause of Actions

  • Rape
  • Molestation

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chai Chien Wei Kelvin v PPCourt of AppealYes[1999] 1 SLR 25SingaporeCited regarding the admissibility of statements made by the accused and whether asking an accused person to tell the truth amounts to a threat or inducement.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Conditioned statement
  • Voluntariness of statement
  • Reasonable doubt
  • Credibility of witness
  • Trial-within-a-trial

15.2 Keywords

  • Rape
  • Molestation
  • Acquittal
  • Singapore
  • Criminal Law
  • Daughter
  • Father

17. Areas of Law

Area NameRelevance Score
Sexual Offences95
Criminal Law90
Incest80
Penal Code70
Criminal Procedure60
Family Law30

16. Subjects

  • Criminal Law
  • Family Law