Man, 69, convicted of breaching neighbours' protection order by singing and making noise

SINGAPORE: A 69-year-old man was convicted on Monday (Sep 28) of breaching an expedited protection order obtained by his neighbours by singing and making noises with metal objects outside their flat.

Heng Choo Hwi, a Singaporean, had contested the charge, claiming that he had the liberty to do his "own things" outside his Yishun flat.

He was shown in closed-circuit television footage sitting on a stool outside his flat, across from the victims' unit, surrounded by his belongings.

Heng also claimed that he had not read the protection order when it was served on him, but left it in a basket with old newspapers that the town council later cleared.

District Judge Gregory Gan rejected these arguments. First, he said one's liberty is subject to the law, which includes court orders such as the expedited protection order.

Second, he was "unpersuaded" by Heng's testimony that he left the documents in the basket outside his flat.

Heng had conceded that the documents were important and that it made "little sense" for him to leave them outside, said the judge.

Judge Gan said Heng's explanation that he "trusted" the security in Singapore was "unconvincing", as the area outside his flat could be accessed by the public.

He also rejected Heng's testimony that members of the town council had thrown his documents away.

Heng claimed that the town council had gone to take his items away. When he remembered that he wanted them back, they "refused to give them to me".

Judge Gan said it was "implausible" that the town council would proceed to throw away his court documents and newspapers despite his protests.

He found that the prosecution had proven its case beyond reasonable doubt and convicted Heng, noting that he had been striking metal and singing for close to 11 minutes.

NEIGHBOURS OBTAINED ORDER

The victims, a couple living at Block 513C, Yishun Street 51, had obtained the order against Heng on Jan 12 this year.

He was prohibited from singing or creating deliberate loud noises in the immediate vicinity of their flat. The order took effect on Jan 19 but Heng breached it on Feb 5.

This came after an initially cordial neighbourly relationship that deteriorated into alleged aggression, testified one of the victims at trial.

Heng had explained at trial that he was cleaning his cans as usual on Feb 5 this year, and had not been harassing his neighbour, when the victim called the police about the breach.

The judge found, however, that the singing was directed at his neighbour, as Heng continued singing after seeing his neighbour return home and persisted after his neighbour went into his flat.

Deputy Public Prosecutors Kester Tan and Xavier Tan sought two to three weeks' jail, pointing to how the victims felt "extremely uncomfortable and unsafe".

Heng was unrepresented and listened to proceedings through an interpreter.

He sought a fine, saying he was working part-time and would lose his job if he went to jail.

The judge said he needed time to consider the sentence.

The case was adjourned to October for sentencing.

For breaching the expedited protection order, Heng could be jailed for up to six months, fined up to S$5,000, or both.