The convicted armed robber wants damages and costs for alleged "grievous injury" to his buttocks

Jul 1, 2007
AsiaOne

A convicted armed robber, who received twice the number of strokes allowed under the law, is suing the government for alleged grevious injury.

The amount of damages his family is seeking is not known.

Qwek Kee Chong, 26, was caned 48 times when he should have been given only 24 strokes, the legal limit for an adult sentenced at any one trial.

The New Paper on Sunday says this is believed to be the first time a prisoner has been caned beyond that limit.

Lawyer Peter Fernando yesterday confirmed that he is acting for Qwek's family.

Qwek's lawyers filed the suit on March 1 and the defence, submitted by the Attorney-General acting for the government, was filed on April 29, according to TNP on Sunday.

Qwek pleaded guilty to gang robbery and was jailed 10 years, and ordered to be given 12 strokes of the cane for each of the four counts on Nov 31, 1987, making a total of 48 strokes.

Qwek and three others struck at gambling dens and hair salons 38 times while armed with parangs. They escaped with $230,362 during the holdups between January and August 1987. They were arrested on Aug 15, 1987.

The other gang members were jailed between five and 10 years.

Qwek did not have a lawyer to represent him when he pleaded guilty and when he was sentenced.

The Criminal Procedure Code states that "In no case shall the caning awarded at any one trial exceed 24 strokes in the case of an adult or 10 strokes in the case of a youthful offender."

According to TNP on Sunday, Qwek was given 48 strokes of the can on his buttocks on a single day on April 8, 1988.

His family members claim he was later hospitalised at the Changi Prison Hospital. They were surpised how he withstood the 48 strokes, which according to prison sources, was "quite remarkable for a sturdy man to take."

Under the law, if the caning is stopped midway for medical reasons, the remainder of the caning has to be wiped out. It cannot be carried forward to another day.

The court can then either remit the caning sentence or substitute a jail term for the remainder of the caning not carried out.

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