On 6 June 1994, two
Japanese
Japanese may refer to:
* Something from or related to Japan, an island country in East Asia
* Japanese language, spoken mainly in Japan
* Japanese people, the ethnic group that identifies with Japan through ancestry or culture
** Japanese diaspor ...
tourists were robbed and attacked by two men in their shared room in the Oriental Hotel in
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
. One of them was brutally assaulted and died, while the other survived. The case, known as the Oriental Hotel murder, was classified as
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
by the police. The perpetrators were eventually caught 2 years later and they were subsequently sentenced to serve lengthy jail terms with caning for their part in the robbery and assault of the two tourists, as well as for unrelated offences committed before their arrests.
Murder
On 6 June 1994, two men - 25-year-old Abdul Nasir bin Amer Hamsah and 32-year-old Abdul Rahman bin Arshad (alias Azman) - barged into the room shared by two Japanese tourists - , 49 and , 56. Earlier on that day itself, the two men, who were acquaintances, went to the Oriental Hotel for a job interview when they both spotted the Japanese tour group which both Fujii and Takishita were with. Seeing this, the two men, who were short of money, decided to rob the Japanese tourists, who were workers and cleaners going on a holiday trip sponsored by their company. The two men then followed the tour group who went to check in their own rooms and later targeted both Fujii and Takishita after they were the only ones left in the corridor.
Once the women opened their hotel room doors, both men emerged from behind and began to rob and assault the two women; Takishita was assaulted by Abdul Rahman and she pretended to faint to escape further injury. When Abdul Nasir attempted to escape after severely assaulting and robbing Fujii, he lost his balance and accidentally stepped onto Fujii's face as he held onto the wall to try to steady himself (which left behind a bloodstained
palm print
A palm print refers to an image acquired of the palm region of the hand. It can be either an online image (i.e. taken by a Biometrics, scanner or Charge-coupled device, CCD) or offline image where the image is taken with ink and paper.
The palm ...
), causing a facial fracture which obstructed her breathing and caused her death. The men managed to get a
Seiko
, commonly known as Seiko ( , ), is a Japanese maker of watches, clocks, electronic devices, semiconductors, jewelry, and optical products. Founded in 1881 by Kintarō Hattori in Tokyo, Seiko introduced one of the first quartz watches and the ...
watch worth 70,000 yen (then
S$1,000), a camera, a
Japanese passport
are issued to Japanese citizens to facilitate international travel. As of 2022, with holders able to travel visa-free to 193 countries and territories, it has been ranked as the most powerful passport in the world.
History
The first travel docu ...
and 65,000
yen
The is the official currency of Japan. It is the third-most traded currency in the foreign exchange market, after the United States dollar (US$) and the euro. It is also widely used as a third reserve currency after the US dollar and the e ...
in cash (then S$950). They later converted the Japanese yen and divided the loot between themselves.
Police were contacted and the case was assigned to prominent detective
Richard Lim Beng Gee
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'stron ...
. The police also managed to extract
fingerprint
A fingerprint is an impression left by the friction ridges of a human finger. The recovery of partial fingerprints from a crime scene is an important method of forensic science. Moisture and grease on a finger result in fingerprints on surfac ...
s from the bloodstained palm print left behind by Abdul Nasir on the wall, but they could not trace any matching fingerprints from their database (since at that time, only the convicted criminals' fingerprints were recorded in the database). The police also managed to get a description from Takishita that her two attackers were racially of either
Malay
Malay may refer to:
Languages
* Malay language or Bahasa Melayu, a major Austronesian language spoken in Indonesia, Malaysia, Brunei and Singapore
** History of the Malay language, the Malay language from the 4th to the 14th century
** Indonesi ...
or
Tamil
Tamil may refer to:
* Tamils, an ethnic group native to India and some other parts of Asia
**Sri Lankan Tamils, Tamil people native to Sri Lanka also called ilankai tamils
**Tamil Malaysians, Tamil people native to Malaysia
* Tamil language, nativ ...
descent (both Abdul Nasir and Abdul Rahman were Malay). Takishita returned to Japan the next day with her tour group (she would return to Singapore two years later to testify against one of her attackers in the court). Despite the appeals for witnesses and information with offers of rewards and a police sketch of the robbers being published on newspapers, the case went unsolved for the next 18 months.
Arrests and trials
Arrests of Abdul Nasir and Abdul Rahman
On 25 January 1996, Abdul Nasir was arrested for attempting to rob and murder a taxi driver, and while he was undergoing investigations for this particular case, Abdul Nasir's fingerprints were taken and found to match those found in Fujii and Takishita's room. Abdul Nasir later confessed that he was involved in the robbery, and named Abdul Rahman as his accomplice. Abdul Rahman was later found to be in prison serving a 20-month jail sentence for theft. Both men - Abdul Nasir and Abdul Rahman - were charged with murder on 30 January and 31 January 1996 respectively. The crime of murder was considered a capital offence at that time under Singapore law, which warrants the
mandatory death penalty
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
.
Fate of Abdul Rahman
However, when further investigations revealed that it was solely Abdul Nasir who assaulted and killed Fujii, Abdul Rahman's charge was promptly reduced to one of robbery with hurt, and he pleaded guilty. On 6 June 1996, exactly two years after the incident, Abdul Rahman was sentenced to 10 years' imprisonment with 16 strokes of the cane by
Judicial Commissioner (JC)
Amarjeet Singh. It can be confirmed that since June 2006, Abdul Rahman is out of prison after serving his sentence.
The reduction of Abdul Rahman's charge left Abdul Nasir the sole person to face trial for murder.
Abdul Nasir's trial
The trial of Abdul Nasir started on 24 June 1996. The trial received considerable media coverage on the Japanese news, as well as in the news of Singapore, as Japan was very upset about the incident.
At the murder trial, the prosecution, led by Deputy Public Prosecutor (DPP)
Francis Tseng, argued that Abdul Nasir had intentionally stamped onto the face of Fujii Isae to prevent her from being able to recognise him, and the bloodstained palm print on the wall was due to him balancing himself in order to stamp on the feet. They relied squarely on forensic evidence and Abdul Nasir's police statements (in which he said he stamped his feet) to prove its case, which was in contrast to Abdul Nasir's defence that he accidentally stepped onto Fujii's face. Abdul Nasir's lawyer
Subhas Anandan
Subhas Anandan (25 December 1947 – 7 January 2015) was an Indian-Singaporean notable criminal lawyer. He had appeared in numerous notable cases, including a case involving actress Quan Yi Fong hitting a taxi driver in 2010, and a case involv ...
extensively cross-examined the police interpreter who recorded the statements; the female police interpreter admitted on the stand that Abdul Nasir did not say the word "stamp", and instead he said the word "step", but she wrote stamp because Abdul Nasir demonstrated to his police interrogators a stamping action. According to Mr Subhas in his memoir ''
The Best I Could
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the m ...
'', he wrote that the interpreter conceded that it was not her business to interpret the actions but to interpret what a person said.
Abdul Nasir's final sentence
At the end of Abdul Nasir's murder trial on 4 July 1996, the presiding judge, Judicial Commissioner (JC)
Choo Han Teck
Choo Han Teck (born 21 February 1954) is a Singaporean judge of the Supreme Court. He was formerly a lawyer before his appointment to the court as a judge. It was revealed in 2021 that Choo was one of the defence lawyers representing Adrian Lim ...
accepted Abdul Nasir's defence that he accidentally stepped onto Fujii's face while he rejected the prosecution's argument that Abdul Nasir intentionally stamped onto Fujii's face to kill her; he cited in his judgement that the physically big-sized Abdul Nasir's height of 1.8 m and weight of 76 kg, compared to Fujii Isae's height of 1.5 m and weight of 51 kg, made it possible for an accidental step being the causation of the injuries on the victim's face. JC Choo also said that the prosecution's case was also not strong enough to prove the charge of murder beyond a reasonable doubt. For this, Abdul Nasir was
acquitted
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
of murder, and he was instead convicted of the other charge of robbery with hurt. Consequently, Abdul Nasir was sentenced to 18 years' imprisonment and 18 strokes of the cane. According to Abdul Nasir's lawyer, Abdul Nasir's family, including his two sisters were grateful to him for helping Abdul Nasir escape the murder charge, and Abdul Nasir was also relieved that he would not be hanged after all.
Later, the prosecution appealed against Abdul Nasir's acquittal, in which the appeal was heard before three judges of Appeal: Justice
M. Karthigesu, Justice
Goh Joon Seng and Justice
Thean Lip Ping (also known as L P Thean). However, by a split decision of 2–1, the Court of Appeal dismissed the appeal based on the majority decision in October 1996, with two judges - Justice Karthigesu and Justice Goh - upholding the decision of the High Court while Justice Thean dissented. This marked the first time a split decision was made in an appeal regarding a murder case in the Court of Appeal.
Aftermath
Abdul Nasir's kidnapping trial and landmark appeal
The conclusion of the murder trial did not mark an end to Abdul Nasir's ordeal, as he had to go back to court to face a kidnapping charge, which he committed during the time of his remand. On 3 February 1996, Abdul Nasir, together with his cellmate and drug trafficker Low Theng Gee (who was later executed on 7 July 1997 for drug trafficking) briefly kidnapped two police officers for a ransom of a car, two guns, money and eight bullets before being subdued by the police reinforcements.
Under Singapore law, kidnapping (with the intent of ransoming the victim) carries a sentence of either
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
or
death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
(the offender would also be liable for caning if he was not sentenced to death). Once again, Abdul Nasir engaged his original lawyer Subhas Anandan for his defence. Abdul Nasir stood trial alone, as by the time he was convicted in the Oriental Hotel case, the co-perpetrator, Low Theng Gee had been sentenced and incarcerated on death row for his drug trafficking offence.
In his memoir, Anandan revealed that there were initially two more prisoners, who were being remanded for illegal possession of firearms, joining in to help Abdul Nasir and his accomplice to kidnap the police officers but they later backed out at the last moment. Anandan would, coincidentally, represent one of them in an unrelated case.
Abdul Nasir was found guilty of kidnapping on 3 March 1997. On the same day of Abdul Nasir's conviction itself, and despite the urgings of the prosecution to sentence Abdul Nasir to death, High Court judge
T. S. Sinnathuray
Thirugnana Sampanthar Sinnathuray (22 September 1930 – 18 January 2016),. known professionally as T. S. Sinnathuray and to his friends as Sam Sinnathuray,. was a judge of the High Court of Singapore. Educated at University College London an ...
sentenced Abdul Nasir to
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
and
12 strokes of the cane, given the fact that it was Low Theng Gee who masterminded the kidnapping plot and took it upon himself to demand a ransom, and that Abdul Nasir neither harmed nor threatened the lives of the hostages. However, Justice Sinnathuray ordered that the life sentence should run consecutively with the 18-year imprisonment sentence which Abdul Nasir received for robbing Fujii, for a total of 38 years' imprisonment. At that time, life imprisonment in Singapore was defined as a jail term of 20 years, with a one-third remission for good behaviour.
In his judgement (which was referred to by the Court of Appeal), Justice Sinnathuray stated that Abdul Nasir had committed two serious offences, one of which was why he was initially remanded and that he committed the other offence while trying to make his escape from his cell. Sinnathuray J also stated that since the kidnapping charge was a separate and distinct offence from the first Abdul Nasir had committed at Oriental Hotel with Abdul Rahman, Sinnathuray J decided that Abdul Nasir would only begin to serve his sentence of life imprisonment when he finished the sentence of 18 years for the Oriental Hotel murder case.
Despite the advice of his lawyer
Subhas Anandan
Subhas Anandan (25 December 1947 – 7 January 2015) was an Indian-Singaporean notable criminal lawyer. He had appeared in numerous notable cases, including a case involving actress Quan Yi Fong hitting a taxi driver in 2010, and a case involv ...
not to appeal,
Abdul Nasir took upon himself to file an appeal for the two jail terms to run concurrently and argued the appeal on his own. The Court of Appeal dismissed his appeal on 20 August 1997.
Chief Justice Yong Pung How
Yong Pung How (11 April 1926 – 9 January 2020) was a Malayan-born Singaporean judge, lawyer and banker who served as the second chief justice of Singapore between 1990 and 2006, appointed by President Wee Kim Wee. He also served as the chan ...
, who led the three-judge panel (also included M Karthigesu and L P Thean) in the appellate court, decided that life imprisonment would no longer be considered as a jail term of 20 years, with a one third remission for good behaviour but as a term of incarceration for the remainder of a convicted prisoner's natural life, with the possibility of parole only after serving at least 20 years. Yong CJ ruled that this amendment would only apply to future cases after 20 August 1997 and thus Abdul Nasir's life sentence would be not be affected.
Regarding his second sentence, the three-judge panel held that due to the lack of any significant mitigating factors in Abdul Nasir's case, Justice Sinnathuray (who would retire from the Bench a month later on 23 September 1997) had not erred in sentencing Abdul Nasir to serve his sentences consecutively. The Court of Appeal further held that, due to the grievous nature of the crimes, a concurrent sentence would not be sufficiently deterrent to other would-be perpetrators. As, according to his current sentence, Abdul Nasir would only serve the maximum 20 years for his life sentence, the Court of Appeal held that it would be not be manifestly excessive for Abdul Nasir to serve his next term of 18 years. However, were Abdul Nasir to have been sentenced to the life sentence under the newer definition i.e. for the rest of his natural life, the Court of Appeal opined that it would have been more appropriate for his sentences to run concurrently rather than consecutively. As such, they dismissed the appeal.
The earliest possible release date for Abdul Nasir is thus sometime between May 2021 to November 2021 (presuming a one third remission for good behaviour.) By which time, Abdul Nasir would have served at least two-thirds of his overall sentence (25 years and 4 months). At such time, Abdul Nasir would be at least 52 years old.
The appeal of Abdul Nasir, titled "''Abdul Nasir bin Amer Hamsah v Public Prosecutor
997
Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
SGCA 38''",
was since regarded as a landmark in Singapore's legal history as it changed the definition of life imprisonment from "life" to "natural life" under the law. This ruling also extensively made impacts on future cases after 20 August 1997 involving a convict sentenced to life imprisonment, including
Muhamad Hasik bin Sahar
On the early morning of 31 May 2001, 17-year-old national footballer Sulaiman bin Hashim (4 June 1983 – 31 May 2001), along with his two friends were attacked by a group of eight youths from gang 369, known as Salakau, as they were walking a ...
for the
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
of a football player (31 May 2001),
Tony Anak Imba
The 2010 Kallang slashing was a series of five robberies committed by a group of eight Malaysians from Sarawak, Malaysia in the night of 29 May 2010 and the early hours of the morning of 30 May 2010 (some of the culprits were not involved in the ...
for the robbery-murder of an Indian construction worker (30 May 2010), and
Yong Vui Kong
Yong Vui Kong () (born 23 January 1988) is a Malaysian who was sentenced to death in Singapore for trafficking more than 15 grams of heroin in 2007. His sentence was reduced to life imprisonment and caning as a result of Singapore's amendments ...
for
drug trafficking
A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via insuffla ...
(14 November 2013).
Re-enactments and publication
This case was re-enacted in a Singaporean crime show named ''
True Files
''True Files'' (Chinese: 真实档案) is an English language television docu-drama telecast on MediaCorp Channel 5, with each episode (except the last episode of Season 3, ''The Unsolved'') re-enacting major court proceedings, mostly of murder, ...
''. It first aired as the eleventh and
penultimate
Penult is a linguistics term for the second to last syllable of a word. It is an abbreviation of ''penultimate'', which describes the next-to-last item in a series. The penult follows the antepenult and precedes the ultima. For example, the main ...
episode of the show's third season on 3 January 2005.
In 1997, the annual season of Singaporean crime show ''
Crimewatch
''Crimewatch'' (formerly ''Crimewatch UK'') is a British television programme produced by the BBC, that reconstructs major unsolved crimes in order to gain information from the public which may assist in solving the case. The programme was or ...
'' featured the Oriental Hotel murder as its eighth episode.
This case was also recorded in Subhas Anandan's memoir ''
The Best I Could
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the m ...
'', which features his early life, career and his notable cases.
The memoir was adapted into a TV show of the same name, which runs for two seasons. Abdul Nasir's case was re-enacted and aired as the sixth and final episode of the show's first season (though some aspects of the case were altered for dramatic purposes).
See also
*
Capital punishment in Singapore
Capital punishment is a legal penalty in Singapore. Executions are carried out by long drop hanging, and usually take place at dawn. 33 offences— including murder, drug trafficking, terrorism, use of firearms and kidnapping — warrant the ...
*
Life imprisonment in Singapore
Life imprisonment is a legal penalty in Singapore. This sentence is applicable for more than forty offences under Singapore law (including the Penal Code, the Kidnapping Act and Arms Offences Act), such as culpable homicide not amounting to murd ...
*
Caning in Singapore
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school, and domestic. These practices of caning as punishment were introduced during the period ...
References
Further reading
* {{Cite book, last=Anandan , first=Subhas , title=The Best I Could , year=2009 , publisher=Marshall Cavendish , isbn=978-9812619587
Murder in Singapore
People murdered in Singapore
1994 murders in Singapore
Japanese people murdered abroad
Life imprisonment in Singapore