Mr Mah Kiat Seng was apprehended and imprisoned in 2017 for less than a day, after a woman called the police claiming he touched her son's head.
A short while later, the two police officers located Mr Mah near a stone bench outside Suntec City and interviewed him. He was detained in a cell at about 10pm and examined by a doctor at about 10.20pm. After being referred to the Institute of Mental Health for treatment, he was moved to a padded cell.
He also said his bag and mobile phone were negligently damaged by the police, and argued that the police officers had control over his detention at IMH - and had prevented IMH staff from discharging him. The AG consistently maintained that SSgt Rosli apprehended Mr Mah in good faith, that no damage was done to his belongings and that Mr Mah was taken to a medical practitioner without delay.
Instead, the court should consider whether the apprehending police officer"honestly" believed the person apprehended was dangerous to himself or others, and thereafter assess whether the police officer had reasonable grounds for his belief.THE JUDGE'S FINDINGS The judge said being agitated, defensive or inconsistent might well be the response of a person of perfectly sound mind who is being questioned by police.
"I find that Mah's behaviour as shown in the bodyworn camera footage did not suggest that he was dangerous to others, and as far as soundness of mind is concerned only showed a degree of eccentricity falling far short of appearing mentally disordered," he said. Although there is no sound in the footage, Mr Mah appeared to be looking at the doctor and conversing with him throughout.
Justice Jeyaretnam said the question of Dr Lin's good faith was not strictly material to the outcome of the case, but that there was concern that the doctor might have embellished his medical report to justify Mr Mah's apprehension by the police.
Well done, Justice Philip Jeyeratnam👍
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