Earlier case

By Tay Shi'an
July 02, 2007
The New Paper

The New Paper broke this exclusive story in 1991. It won Story Of The Month at Singapore Press Holding's English and Malay Newspaper Division awards.

A CONVICTED armed robber, who received 48 strokes of the rotan, is suing the Government.

Qwek Kee Chong, 26, says he should have been given only 24 strokes under the law. Quek is now serving time at Changi Prison. He is suing for damages and costs for the alleged 'grievous injury to (his) buttocks'.

The legal limit is 24 strokes for an adult sentenced at any one trial. This is believed to be the first time a prisoner has been caned beyond that limit.

His family's lawyer, Mr Peter Fernando, confirmed yesterday he is acting for Qwek.

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

But the Criminal Procedure Code states: '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...'

Qwek was given 48 strokes of the cane on his buttocks on a single day - Apr 8, 1988. Mr Fernando said Qwek did not have a lawyer to represent him when he pleaded guilty and when he was sentenced.

His family members claim he was later hospitalised at the Changi Prison Hospital.

No details are available of the Changi Prison Hospital medical report which Qwek's lawyers need to establish the extent of the alleged injuries sustained by Qwek. It is learnt Qwek's lawyers filed the suit on 1 Mar and the defence, submitted by the Attorney-General acting for the Government, was filed on Apr 29.

No sum was specified by Qwek's lawyers by way of damages.

CASE BACKGROUND

QWEK was among four suspects convicted of armed robbery in the Subordinate Courts on Nov 31, 1987.

They 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.

Qwek and Chia Teck Kiam, 29, who pleaded guilty to four charges, were jailed 10 years each.

Kwek Hak Seng, 25, and Loh Chou Fei, 26, were each given five years after they pleaded guilty to three counts each.

Family members were surprised how Qwek withstood the 48 strokes which, according to informed 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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