PP v Soosainathan: Murder Conviction for Infant's Death via Rubbish Chute
In Public Prosecutor v Soosainathan s/o Dass Saminathan, the High Court of Singapore convicted Soosainathan of murder under section 302 of the Penal Code for the death of a six-month-old infant. The prosecution argued that Soosainathan sexually abused the infant and dropped her down the rubbish chute of his flat. The court found the accused guilty, relying on circumstantial evidence, including the presence of drugs in the baby's system that were prescribed to the accused, DNA evidence, and inconsistencies in the accused's testimony.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Soosainathan was convicted of murder after a six-month-old infant was sexually abused and dropped down a rubbish chute. The High Court found the accused guilty.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Ng Cheng Thiam |
Soosainathan s/o Dass Saminathan | Defendant | Individual | Accused convicted | Lost |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Woo Bih Li | Judge | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Ng Cheng Thiam | Attorney-General’s Chambers |
4. Facts
- The accused was charged with murder under s 302 of the Penal Code.
- The victim was a six-month-old Indonesian female infant.
- The baby's body was found in a bin at the bottom of a rubbish chute connected to the accused's flat.
- The baby's wrists and ankles were bound together in a hogtie behind her back.
- The baby had multiple bruises on her forehead, face, and chest.
- The baby's hymen was completely torn, indicating sexual abuse.
- The baby's blood contained chlorpheniramine and diphenhydramine, medicines prescribed to the accused.
5. Formal Citations
- Public Prosecutor v Soosainathan s/o Dass Saminathan, CC 15/2003, [2003] SGHC 153
6. Timeline
Date | Event |
---|---|
Jalil came to Singapore illegally. | |
Widiyarti returned to Jakarta. | |
Widiyarti returned to Singapore to meet Jalil. | |
Widiyarti gave birth to the baby. | |
Widiyarti brought the baby to visit Jalil in Singapore. | |
The baby was seen by Dr. Azman Bin Osman for fever, cough and running nose. | |
The accused consulted Dr. Singam S B for cough and cold. | |
Widiyarti and the baby arrived in Singapore and met the accused. | |
The baby's body was found in a rubbish bin. | |
Jalil was arrested. | |
Police sent a patrol car in response to a telephone call. | |
The police arrived at Blk 629. | |
The police found the baby’s body. | |
The accused called Sgt Pek on his handphone. | |
The accused came back to the Flat. | |
SI R Venubalan arrived at the Flat. | |
SC Bashiruddeen found the baby in a rubbish bin. | |
The baby was pronounced dead at the scene. | |
ASP Ang Bee Chin recorded the accused’s s 122(6) statement. | |
Dr Gilbert Lau conducted an autopsy. | |
Accused gave a statement to the police. | |
Accused gave a statement to the police. | |
Accused gave a statement to the police. | |
Accused gave a statement to the police. | |
Accused gave a statement to the police. | |
Accused gave a statement to the police. | |
Decision Date |
7. Legal Issues
- Murder
- Outcome: The court found the accused guilty of murder under s 302 of the Penal Code.
- Category: Substantive
- Use of Accused's Statements
- Outcome: The court considered the defense's argument that an inference should be drawn that the accused's statements were consistent with his oral evidence, but ultimately rejected it.
- Category: Procedural
- Access to Accused's Statements
- Outcome: The court discussed the defense's application for the accused's statements and the general principles regarding access to such statements.
- Category: Procedural
8. Remedies Sought
- Capital punishment under s 302 of the Penal Code
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Kulwant v PP | N/A | Yes | [1986] SLR 239 | Singapore | Dealt with an application for pre-trial discovery of statements. |
Tay Kok Poh Ronnie v PP | N/A | Yes | [1996] 1 SLR 185 | Singapore | Statements should be furnished to an accused person after he has given his evidence. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Penal Code (Cap 224) | Singapore |
Penal Code (Cap 224), s 302 | Singapore |
Criminal Procedure Code, s 122(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Murder
- Sexual abuse
- Rubbish chute
- Hogtie
- Circumstantial evidence
- DNA evidence
- Chlorpheniramine
- Diphenhydramine
15.2 Keywords
- Murder
- Infant
- Rubbish chute
- Singapore
- Criminal law
- Conviction
16. Subjects
- Criminal Law
- Murder
- Evidence
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing