Man gets jail for brutal counter-attack

Man gets jail for brutal counter-attack

He did not start the fight.

But in defending himself, Myanmar national Nay Aung's brutal response led to the death of the man who attacked him, compatriot Ko Ko Maung.

In the 2013 incident, Aung (right) had used a wooden log to hit Mr Maung, 51, multiple times on his side, back and face.

Mr Maung suffered multiple injuries, including fractures in four areas of his face, eight fractures to his ribs and lacerations to his spleen.

Yesterday, Aung, a seaman, was sentenced in the Supreme Court to three years and six months' jail for culpable homicide not amounting to murder.

Before passing sentence, Judicial Commissioner Hoo Sheau Peng said that while Aung, 26, was a young offender, he had hit Mr Maung more than once and with deadly force.

NUNCHAKUS

On the evening of May 29, 2013, Mr Maung confronted Aung on the premises of C & P Logistics Hub in Penjuru Road over an earlier row he had with Aung's older brother.

After a verbal spat, Mr Maung pulled out a pair of nunchakus - a weapon with two batons attached by a rope or metal chain - from his sling bag and struck Aung.

The younger man tried to block the blows but injured his left little finger.

In the scuffle, Mr Maung's nunchakus broke and he fell after being kicked by Aung.

Some Indonesian seamen intervened to stop the fight. But minutes later, Mr Maung rushed with the weapon at Aung, who was walking towards his vessel.

Aung picked up a wooden log, measuring 110cm by 6cm, from the floor and swung it hard from his shoulder to hit the charging Mr Maung.

Deputy Public Prosecutor Daphne Lim, who had recommended a sentence of about four years' jail, said: "It should be noted that right after the deceased approached the accused with the half-nunchaku, the accused had managed to arm himself with a weapon that was much larger in size and far deadlier than the deceased's half-nunchaku."

While retreating, Mr Maung dropped his weapon and was chased by Aung who continued to hit him.

Defence lawyer Mervyn Cheong maintained that there was no premeditation on the part of his client.

He said Aung, a father of two young boys, was remorseful.

Mr Cheong said: "Nay Aung's taking up a wooden log in the incident occurred spontaneously and it was in response to the deceased's actions.

"His thoughts were focused on stopping the deceased in his charge."

Ms Lim, however, said Aung's subsequent response was "wholly disproportionate" and had resulted in the needless loss of a life.

zaihan@sph.com.sg


This article was first published on May 05, 2015.
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